Disqualified candidate in the recently held Zanu PF primary election for the Chipinge South House of Assembly seat, Robert Nyemudzo, was on Wednesday jailed an effective 18 months by a Chipinge magistrate for brewing illicit beer at his homestead at Checheche growth point.
Nyemudzo (42) had entered a not guilty plea when he
appeared before Chipinge resident magistrate Mr Franklin Mkwananzi for judgment
and sentencing on Wednesday.
He was facing charges of contravening the Harmful Liquids
Act and was convicted after the State found incriminating evidence against him.
In mitigation Nyemudzo’s lawyer Mr Simon Simango of
Nyikadzino and Simango Associates pleaded for a moderate sentence.
“Your worship, I am pleading with the courts to pass a
light sentence in the form of a fine or community service because he is a first
offender.
“The accused is a family man with two wives and eight
children and if the courts give him a custodial sentence, it will ruin the
future of his family.
“He is a benefactor of the family and is taking care of his
ailing father and mother. The accused emerged victorious in the just ended Zanu
PF primary election and the party hierarchy sent a team to investigate the alleged offence and found
him clean. The courts should also consider this in sentencing,’’ said Mr
Simango.
However,the State led by Mr Thulani Zondwayo dismissed the
submission and said a deterrent sentence for the accused was appropriate.
“There are aggravating circumstances in this matter. The
accused was brewing beer in large quantities for commercial purposes.
“A report from forensic scientists on the contents of the
illicit beer is frightening on the level on which the brew is dangerous to
consumers. The accused used fake names of recognised brands to push sales to
unsuspecting consumers which is not fair. Therefore, I am praying for a
custodial sentence,” said Mr Zondwayo.
In sentencing him the magistrate Mr Mkwananzi said the
court had proved with no reasonable doubt that Mr Nyemudzo committed the
offence.
Mr Mkwananzi said the accused committed a serious offence
which deserved a custodial sentence which would deter would-be offenders from
committing offences.
He said the incident occurred at a time Government was
fighting the supply of drugs and dangerous substances.
“This is a serious offence which deserves a custodial sentence.
Illicit beer and drugs have caused untold suffering to the people in the
country. The Government has taken stern measures in fighting drug abuse and the
judiciary has also taken an equally stern view against drugs. It will be a
mockery to the justice system to pass a light sentence as we want to deter
would-be offenders,” said Mr Mkwananzi.
Mr Mkwananzi sentenced him 24 months and suspended six
months on condition that the accused did not commit a similar offence in the
next five years.
Circumstances are that in 2020 police in Chisumbanje were
conducting an operation code named “No to illicit beer” at Checheche growth
point.
During the operation, the police details received a tip off
that Mr Nyemudzo was brewing beer at his homestead at stand number 708 phase 2,
Checheche growth point.
The police approached the homestead and found Nyemudzo’s
employees brewing illicit beer. They were diluting ethanol blend with water.
The police then confiscated 20, 360x200mls bottles of
illicit beer and 2, 380x200mls empty plastic bottles as well as 6×20 litre
buckets of ethanol blend. Herald
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