He appealed against both conviction and sentence before the
High Court, which confirmed both, but the Supreme Court did agree to hear a
second appeal this week.
A three-judge panel led by Justice Nicholas Mathonsi heard
the appeal yesterday and reserved judgment.
Mukupe was last year
convicted along with drivers Sam Kapisoriso, Joseph Taderera and Leonard
Mudzuto of unlawfully importing diesel without paying duty.
The four were each sentenced to three and half years in
jail with six months suspended for five years on condition of good behaviour.
In addition, the court slapped each of the four with a fine of US$12 780 (or
two years).
The three drivers drove the tankers into Zimbabwe full of
diesel with the papers saying it was en route to the Democratic Republic of
Congo. But they replaced the fuel with water in Zimbabwe. After conviction,
Mukupe and his accomplices lost bail and are in custody pending sentence.
Mukupe and his accomplices were arrested in February 2017
and charged with fraud or alternatively contravening Section 174(1) (e) of the
Customs and Excise Act with a false declaration.
The court heard that on January 26, 2017, Kapisoriso,
Mutsvene and Taderera entered the country through Forbes Border Post, driving
tankers with diesel from Beira marked as being en-route to the DRC.
While in Zimbabwe the three truck drivers allegedly
connived with Mukupe to empty the tankers and replace the diesel with water.
Upon arrival at Chirundu Border Post on January 31 as they
proceeded to the DRC, a physical examination on samples of the contents in the
tankers was carried out, which later showed that the tankers contained water
and not diesel. Herald
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