Tonderai Muzondo was arrested recently by a police crack
team from CID Drugs and Narcotics unit that set him up following a tip-off.
He sold a sachet of the methylenedioxy-methamphetamine drug
for $5 to one of the detectives who then identified themselves and arrested
him.
A search in his room led to the recovery of six more
sachets all weighing a combined 6,80 grammes with a street value of $6 800.
He was denied bail on charges of breaching the country’s
dangerous drugs law when he appeared at the Harare Magistrates Court last
month. Through his lawyer Mr Edson Matsanura, Muzondo appealed to the High
Court for bail on August 27.
He argued there were no compelling reasons to deny him bail
given the small quantity of the drugs he was found in possession of, because
the offence was unlikely to attract a custodial sentence.
But the prosecution opposed the granting of bail on the
basis that he was caught red-handed in possession of the dangerous drug.
The prosecution argued that there was a strong case against
Muzondo and he was likely to evade trial if released on bail. Further, the
prosecution argued there was no misdirection on the part of the remand court.
But in her ruling, Justice Emelia Muchawa upheld the appeal
by Muzondo after finding a misdirection on the part of the magistrate to
consider the seriousness of the offence against what the circumstances pointed
to, and not what the charges reflected.
Justice Muchawa noted that Muzondo was charged with
unlawful possession of dangerous drugs in terms of the law.
“It was, therefore, a misdirection for the magistrate to
make a finding that possession of 6,80 grammes of the dangerous drug in issue
would attract a lengthy custodial sentence,” said Justice Muchawa, adding that
the penalty in this case has an option of a fine. Herald
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