FREED DRUG DEALER TOLD : GO BACK TO JAIL

A convicted drug dealer, who tried to wriggle his way past the justice system by claiming that he was framed and cocaine was planted on him, has lost his freedom and must return to serve a prison sentence.

Gary Bell, 42, a well-known Bulawayo socialite, had been out of custody on bail since last month when he appealed against both conviction and sentence.

He was challenging the conviction and sentence imposed by Bulawayo regional magistrate Joseph Mabeza in July.

The magistrate suspended six months on condition of good behaviour and Bell was set to serve an effective 12 months in prison.

However, his temporary relief from custody has ended and he will now have to serve the remainder of his sentence without further recourse.

In his failed appeal, Bell argued through his lawyer, Shepherd Chamunorwa of Calderwood, Hendrie and Partners, that the charges were fabricated by a local businessman seeking revenge over a long-standing dispute.

But the High Court in Bulawayo dismissed his appeal.

Justices Munamato Mutevedzi and Ngoni Nduna ruled that Bell’s conviction at the magistrates’ court was correct and that his claim of being framed could not be supported by evidence.

“The court proved beyond reasonable doubt that the appellant was found in possession of the drugs.

“His claim that the drugs were planted cannot be supported by any evidence,” reads the judgment.

The High Court judges added that the magistrate who presided over the case exercised proper discretion and that the appeal court would not interfere unless the sentence was “manifestly excessive.”

According to court records, on February 14, at around 6am, detectives from Harare received a tip-off that Bell was dealing in cocaine.

Following surveillance, detectives arrested Bell at midnight.

Subsequent searches at Bell’s Burnside residence uncovered another sachet of a whitish substance hidden in a small blue jewellery box inside a built-in wardrobe in his bedroom.

Authorities also seized two digital weighing scales and several razor blades smeared with a similar substance.

Tests confirmed the substances were cocaine and ecstasy with a combined street value of over US$500.

The recovered cocaine weighed about six grams. Bell denied the charges and claimed the drugs were planted.

He further alleged that police violated his rights and illegally searched his property. H Metro

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