HENRIETTA Rushwaya is now stating that she picked up the wrong bag with four gold bars weighing 6kg, instead of a similar bag with her clothes when she went to the airport over a week ago and that her arrest was being used for political expedience aimed at “soiling’’ the name of the First Family.
Although she acknowledged owning the gold in question,
Rushwaya told the court that there was a “mix-up’’ of bags when she left home
for the airport ending with her picking the wrong bag containing gold instead
of the one with her clothes.
Through her lawyer Mr Tapson Dzvetero, Rushwaya said the
handbag containing gold was loaded into her car instead of a similar handbag containing
the clothes she intended to travel with.
Mr Dzvetero said this was brought to the attention of the
investigating officer, who initially handled the matter upon Rushwaya’s arrest
at Robert Gabriel Mugabe International Airport on October 26.
He said this while cross-examining the investigating
officer, Detective Chief Inspector Michael Chibaya, during Rushwaya’s bail
application.
Rushwaya is appearing before Harare regional magistrate Mr
Ngoni Nduna along with Pakistani business tycoon Ali Muhamad, State security
agents Stephen Tserai and Raphios Mufandauya, and miner Gift Karanda.
They are facing allegations in various groups of smuggling,
illegal possession of gold, criminal abuse of office and obstructing the course
of justice.
“The bag was similar to another bag which she was about to
carry out of the country. The wrong bag was put into her vehicle and she did
not have the knowledge of the contents that she took to the RGM Airport and she
realised this at the point the scanners revealed that there was gold. Will you
dispute that the investigating officer, one Bruno Chiketo, captured this aspect
which is critical to her defence when she interviewed first accused (Rushwaya)
upon her arrest at airport,” asked Mr Dzvetero.
Detective chief inspector Chibaya could not dispute the
averments saying: “Yes, she could have indicated that.”
Mr Dzvetero went on to say that Rushwaya’s arrest has since
been politicised.
“My client is now being played a political victim which
explains why once a simple matter was transferred to Law and Order. We hear of
name dropping of the First Family and it has now political connotations,” he
said.
Mr Dzvetero distanced Rushwaya from the commercial invoice
bearing the name of Ali Muhamad’s company, Ali Japan 786 Limited, that the
State says was found in possession of Rushwaya upon her arrest at the airport.
He said the document was manufactured. “She denies ever
having given anyone a document that was said to belong to Ali. Without you
having seen it you are uncertain to tell the court whether it forms the
exhibit. The commercial invoice is a cooked up document which is being used for
political expedience,” said Dzvetero.
Detective chief inspector Chibaya in his response said
police compiled facts from witnesses’ statements which pointed out that the
documents were recovered from Rushwaya upon her arrest.
“There are many witnesses we recorded statements from.
There are some police officers arrested for having connived with accused
persons to alter some information to the advantage of the accused persons. It
was like we were starting investigations. I interviewed first investigations
officer (Bruno Chiketo) when she (Rushwaya) indicated that the gold was not
hers and it belonged to Ali which was further supported by documents in Ali’s
name,” he said.
Answering to why the matter was being handled at the Law
and Order unit instead of the Minerals Flora and Fauna Unit and whether her
permit was of importance to the case of illegal possession of gold, Detec Chief
Insp Chibaya said: “That is an administrative question that should be dealt
with at Police General Headquarters.
“I feel this document (commercial invoice) will be of no
importance to Rushwaya because there are conditions set and given by the
issuing authority as to how the holder should deal with the gold.
“I have never seen where it is written giving permission
for one to take it for export without RBZ authority taking into cognisance the
place where she was arrested.”
The hearing continues today. Meanwhile, two police
officers, Douglas Shoko and Paul Chimungu, who are being accused of failing to
arrest Ali Muhamad and altering his statements that implicated him in the
smuggling deal, were denied bail.
Deputy chief magistrate Mrs Bianca Makwande denied the duo
bail saying they were likely to interfere with witnesses. They are expected to
appear in court on November 16 for routine remand.
Shoko and Chimungu are charged with criminal abuse of
office. Herald
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