THE High Court has dismissed an application for bail
pending appeal by a polygamous inyanga from Binga who is serving four years in
jail for possession of pangolin and python skins valued at US$13 000.
Jerry Mwembe (44) of Kabula area in Lusulu was arrested
after an anti-poaching team comprising rangers from Zimbabwe Parks and Wildlife
Management Authority and detectives from the CID Minerals Flora and Fauna Unit
got a tip-off that he was in possession of python skins.
Two pangolin skins were recovered from a vehicle while the
python skins were recovered after a search at Mwembe’s homestead.
Mwembe was convicted by Binga magistrate Mr Livard Philemon
of two counts of illegal possession of specially protected animal trophy
(pangolin and python skins) in violation of the Parks and Wildlife Act. He was
sentenced to an effective four years in jail.
In dismissing the application, Bulawayo High Court judge Justice
Nokuthula Moyo ruled that it lacked prospects of success on appeal.
Justice Moyo’s ruling follows the application by Mwembe,
through his lawyer Mr Thulani Nkala of Dube, Nkala and Company, seeking bail
pending appeal, citing the State as a respondent.
“The application for bail pending appeal is hereby
dismissed for lack of prospects of success on appeal,” ruled the judge.
In his bail statement, Mwembe is denying the charge,
arguing that the magistrate misdirected himself by finding that the State
managed to prove its case beyond reasonable doubt when there was no evidence to
support his conviction.
“The magistrate misdirected himself by dismissing the
version of the accused person when there was no rational basis to do so. The
magistrate’s judgment is not informed by evidence in the record,” said Mr Nkala
Mwembe’s lawyer said the magistrate erred when he failed to
consider an alternative and appropriate sentence for his client to meet the
justice of the case.
“The magistrate erred by sentencing the accused person
where there is no legal basis,” said Mr Nkala.
He said his client is a sole breadwinner with four wives
and 18 children, 15 of whom were minors hence if released on bail he would be
able to take care of them.
“The applicant is of fixed abode and makes a living through
providing healing services to the community as a traditional healer. He is a
breadwinner to 18 dependents that look up to him for basic amenities, which
therefore makes him unlikely to abscond if released on bail,” said Mr Nkala.
Mwembe argued that his appeal had prospects of success
hence his release on bail would not compromise the administration of justice.
As part of his bail conditions, he had offered to pay $500
as security deposit, to reside at his given address and report once a week at
Lusulu Police Station until the appeal is finalised.
The State, which is being represented by Mr Trust Muduma,
opposed the application, arguing that the applicant was likely to abscond if
released on bail because the appeal had no prospects of success.
According to court papers on April 4 this year at around
8.45PM, Zimparks rangers and detectives from the CID Minerals Flora and Fauna
Unit who were on patrol received information that there was a parked Pajero at
Mswazi turn-off with two pangolin skins inside.
The team then drove to the site and upon arrival introduced
themselves to Mwembe who immediately ran away from the scene.
It was stated that Zimparks ranger Mr Trust Mudimba gave
chase and fired three warning shots in the air and Mwembe stopped.
He was escorted back to his vehicle where a search was
conducted leading to the recovery of two pangolin skins on the front passenger
seat. A further search at his homestead led to recovery of two python skins
from one of the bedroom huts.
The pangolin skins are valued at US$10 000 while the python
skins are valued at US$3 000. Chronicle
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