Newman Chiadzwa set free

Chiadzwa for illegal possession of diamonds after a no-show by the Attorney-General’s Office in a review application.
Justice Andrew Mutema last Wednesday set aside both conviction and sentence of Mr Chiadzwa and quashed the magistrates’ court’s criminal proceedings that resulted in the jailing of the diamond dealer.

No one represented the AG in the application and Justice Mutema had to grant a default judgment in favour of Mr Chiadzwa.
Harare lawyer Mr Puwai Chiutsi appeared for Mr Chiadzwa.

It was not clear if the AG was truly in default or had not been notified of the set down date.
Asked whether or not the State was aware of the review application date, AG Mr Johannes Tomana yester-day referred questions to the director of public prosecutions Mrs Florence Ziyambi who could not be reached for comment.

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“Talk to the director of public prosecutions. She will comment on that,” said Mr Tomana.
When Mrs Ziyambi answered her phone, she promised to come back to The Herald after getting a brief from the head of appeals chief law officer Rodrick Tokwe.

However, her phone went unanswered until the time of going to press. Chief law officer Mr Rodrick Tokwe, head of the appeals section in the AG’s Office – said he was not aware of the review hearing and that he was shocked to learn of Chiadzwa’s release from a fellow chief law officer in Mutare.

“I did not see the notice of set down and we are now making inquiries to establish what really happened.
“I only learnt of the release of Chiadzwa this week from a chief law officer in Manicaland who was also seeking clarification of the latest developments.

“Even the prosecutor who was on record handling the matter said he was also not aware of such developments,” said Mr Tokwe.
Chiadzwa was sentenced to five years in jail and fined US$132 764 for illegally possessing 43 028 carats of diamonds.

Justice Mutema made a ruling after reading documents filed in the court record.
“It is ordered that the proceedings in case number CRB1253/09 of Mutare Magistrates’ Court be and are hereby quashed.

“The conviction and sentence be and are hereby set aside,” said Justice Mutema.
Armed with the order, Harare lawyer Mr Chiutsi facilitated the immediate release of Chiadzwa from prison.

In an interview, Mr Chiutsi confirmed that his client was out and that the court released him after realising that the magistrates’ court’s proceedings were irregular.
“Mr Chiadzwa is out. He was released last week after the High Court quashed his conviction and sentence. He was acquitted because the proceedings were irregular,” said Mr Chiutsi.

Prior to his acquittal, Chiadzwa had on several occasions lost freedom bids.
He lost an application for bail pending appeal before Mutare magistrate Mr Billiard Musakwa before he lost yet another bail bid at the High Court.

At one point he filed an appeal against conviction and sentence before pursuing a review application.

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