SEIZED US$78K : JUDGE ORDERS FRESH INQUIRY

The High Court has overturned a magistrate’s decision to withhold US$78 000 seized from two men who were removed from remand after the State failed to proceed with theft charges against them.

Justice Joel Mambara ruled that the magistrate erred by not determining who was entitled to the money, leaving it unlawfully in police custody.

In delivering judgment, Justice Mambara criticised the magistrate for failing to exercise her statutory authority under the Criminal Procedure and Evidence Act.

He described the refusal to engage with the issue of ownership as a “gross irregularity” that had left the matter “in limbo” and contrary to both law and precedent.

The applicants, Admire Musiza and Tafara Machokoto, had been accused of stealing the money from a company.

US$56 000 and US$22 000 was seized from them during their arrest. When the trial commenced and multiple witnesses were called, the State failed to locate a key witness.

Upon the applicants’ motion, the magistrate removed them from remand in April 2024, effectively halting the proceedings.

The duo subsequently sought the return of the money under Section 58 of the Criminal Procedure and Evidence Act, which mandates the restoration of seized property once a prosecution is discontinued.

The magistrate dismissed their application in December last year.

Justice Mambara ruled that the magistrate’s failure to resolve the fate of the exhibits violated the provisions of the law which require property to be returned to the lawful owner unless it is contraband. Herald

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