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Mashudu Netsianda Senior Court Reporter
TWO suspects linked to a cannabis (mbanje) consignment that was allegedly smuggled into the country from South Africa, appeared in court yesterday for bail application pending trial.
Victor Ndlovu, 44, of New Magwegwe in Bulawayo and Geoffrey Charles Bushby of Highlands in Harare were not asked to plead to charges of unlawful dealing in dangerous drugs when they appeared before Magistrate Sibongile Msipa.

The court heard that Bushby used a fake name, Steven Becker, when he was arrested.

Ndlovu and Bushby through their lawyers Siphosethu Nkomo and Liason Ncube applied for bail pending trial. In court, they were alleged to have dealt with 313 kilogrammes of cannabis (mbanje) with a street value of more than $300,000.

Their two lawyers argued that there were no compelling reasons justifying the two men’s detention pending trial. They said while Ndlovu and Bushby were facing a serious crime, there was no possibility of the pair interfering with ongoing police investigations.

Nkomo who is representing Ndlovu argued: “Ndlovu did not know about the contents in the bag when he was offloading the goods from his vehicle at his house in New Magwegwe. He only became aware of the drugs following a search by police. I therefore submit that there are no compelling reasons for pre-trial incarceration.”

Ncube said his client, Bushby, handed over the bag containing second hand clothes to one Dumisani in South Africa.

“My client gave one Dumisani, a runner popularly known as malayitsha, a bag containing second hand clothes and he was supposed to transport the consignment to Harare. Dumisani then gave Ndlovu the goods so that he could ferry them to Harare. The bag did not contain drugs,” he said.

Ncube added: “Furthermore it is common knowledge that Ndlovu and Bushby did not know each other at the material time. The merchandise was cleared at Beitbridge border post to enter the country and a customs duty of $500 was paid to Zimra.”

Ncube said police acted prematurely when they arrested Bushby. He said Bushby was on medication for stroke.

“My client is suffering from stroke and he is on medication. Prison would not be a good environment for a sickly 54-year-old man,” the defence counsel argued.

Jeremiah Mutsindikwa for the state opposed the application, arguing there was a likelihood that if granted bail the two men would abscond to South Africa and interfere with investigations.

“Both Ndlovu and Bushby are passport holders who if granted bail would abscond given the gravity of the crime. Unlawful dealing in dangerous drugs is a serious crime that attracts a jail term of not less than 15 years hence the state is of the view that the two would flee if given bail.

“Even if the two men are to be given bail and ordered to surrender their travel documents they can still find their way out of the country given the porosity of our border post,” he said.

Msipa will give her ruling today after an inspection in loco.

Mutsindikwa said on Monday, Ndlovu, a cross-border driver, was arrested by police for possessing dagga, which he was offloading from his car, a Toyota Quantum, at his house in New Magwegwe.

The drugs were contained in seven bags which were destined for Harare.

“Ndlovu was to deliver the seven bags containing dagga to Bushby’s place in Harare and the two were communicating using cellphones as per their agreement made in South Africa,” said Mutsindikwa.

CID detectives took over the investigations and travelled with Ndlovu to Harare using a delivery vehicle, which they had placed under surveillance with the assistance of Ndlovu who was in constant touch with Bushby.

The court heard that the following day shortly after 6AM, Ndlovu and Bushby arranged to meet at Letombo Spar in Harare. A trap was laid for Bushby as he handed over R1, 800 to Ndlovu as payment for delivering the bags and he was promptly arrested soon after he had turned up to pick up the drugs.