The ruling was
delivered by Harare magistrate Mr Isheunesu Matova.
Mukombwe (45)
was found with two diamond pieces valued at US$174,93 while attempting to sell
them illegally.
The case was
prosecuted by Ms Faith Mavudzi, representing the State alongside Zimbabwe
Republic Police officer Edmore Godo.
On April 4,
Mukombwe was reportedly looking for buyers of the diamonds, accompanied by
Emanuel Chikono, who assisted in seeking potential buyers.
Mukombwe did
not know that Chikono was communicating with Detective Constable Sheshe, who
posed as a potential buyer.
At around
11.45am, Mukombwe met the detectives at the corner of Patrice Lumumba Street
and Leonid Bezhnev Avenue in Harare. After identifying themselves, the
detectives requested to search him.
During the
search, Mukombwe handed over the suspected diamond stones from his wallet to
Det Const Sheshe and was subsequently arrested.
The diamonds
were later assessed by the Minerals Marketing Corporation of Zimbabwe and
confirmed to be genuine, weighing 1.64 carats and valued at US$174,93.
During the
trial, Mukombwe claimed he found the diamonds while making bricks and intended
to surrender them to the police.
He argued that
he was arrested while on his way to do so and stated he was unaware that
possessing precious stones without a permit was a serious crime.
Prosecutor Ms
Faith Mavudzi dismissed Mukombwe’s defence, stating it lacked credibility and
did not constitute special circumstances.
She emphasised
that ignorance of the law was no valid defence.
“The accused’s
actions cannot be justified or excused by his alleged ignorance of the law.
Unlawful possession of precious stones is a serious offence and the law is
clear that only licensed dealers or permit holders were authorised to handle
such materials,” she said.
In delivering
the sentence, Mr Matova upheld the prosecution’s argument, imposing the
mandatory custodial sentence of five years and underscoring the need to deter
illegal dealings in precious stones to protect the country’s mineral resources.
Herald
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