HARARE – A top Harare medical doctor has been acquitted following trial on alleged illegal drug dealing.
Doctor Tanaka Chimuka was jointly charged with a nurse, Tapiwa Mutebuka and Sam Chasaya who is a pharmacist.
The state alleged during trial that the trio were involved in pethidine drug deals.
However, Harare magistrate Ruth Moyo cleared the three of any wrongdoing at the close of the state’s case.
This followed a successful application for discharge filed through their lawyers Admire Rubaya, Stephen Chikotora and Malvern Mapako.
The three were arrested by detectives from CID drugs who claimed to have received information from an informant linking them to the scandal.
One Osla Mpamhanga had been captured while on his way to deliver 40 by 100mgs pethidine solution and 40 injection needles.
Chimuka and his colleagues challenged the charge arguing that they are professionals in the medical industry.
It was their argument that because of this privilege they are exempt from arrest as they are part of the authorised persons to administer, possess and supply drugs like pethidine.
The State insisted on prosecuting them but failed to lead incriminating evidence that the trio were dealing in the alleged drugs.
This resulted in the collapse of the case after they mounted an application for discharge.
Prosecutors failed to recover the drugs produced in court as exhibits.
The state also failed to have the biker, Mpamhanga, testify in court.
The lawyers representing the three successfully argued that the case was “a classical failed fishing expedition.”
They further argued that the State had failed to prove that the drug was pethidine and had not led any expert evidence to support that the recovered items were indeed pethidine.
“There is no evidence which has been led by the State that the accused persons had the requisite knowledge of the existence of the alleged Pethidine since it was in the physical control of a person who was never arrested by the police and has not been accounted for.
“The State was obliged to prove that the alleged drug was pethidine in the first place.
“The State failed to produce the said drug into evidence and failed to prove that the subject matter was a dangerous drug called pethidine,” their lawyers argued.
They also argued that they were never arrested in possession of the alleged drugs but only through implication by a person who was never arrested or through information by an informant who was never brought to court to testify against them.
These arguments were upheld by Moyo who discharged them.
