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Mashudu Netsianda, Senior Court Reporter
A SUSPECTED dealer who was arrested after police raided a house in Killarney suburb, Bulawayo and recovered 2,78 kilogrammes of gold worth more than US$125 000 hidden in a safe has been released on $20 000 bail.

Talent Mumpande (28) of Hillside suburb is facing charges of possession of gold without a permit in violation of the Gold Trade Act.

Mumpande, through his lawyer, Mr Lawrence Chikwakwa of Sansole and Senda Legal Practitioners, had applied for bail pending trial and it was dismissed by Bulawayo magistrate Mr Shepherd Mjanja.

He dismissed the application, saying there was no guarantee that if released on bail, Mumpande would not abscond given that he has a previous conviction

Mumpande then approached the High Court where he filed another application for bail pending trial citing the State as a respondent.

In papers before the court, Mumpande argued that there were no compelling reasons proffered by the State warranting his continued detention.

Bulawayo High Court judge Justice Martin Makonese ruled in Mumpande’s favour.

He said the magistrate erred by failing to uphold the presumption of innocence until proven guilty principle.

“I can safely conclude that the learned magistrate in the court a quo paid lip service to the appellant’s presumption of innocence. The notion that an accused person is presumed innocent until proven guilty must be applied in an application for bail pending trial,” said Justice Makonese.

“It is therefore the court’s tradition to lean in favour of, and not against, the liberty of an applicant in an application for bail pending trial. In the result, and accordingly it is ordered that the appellant be and hereby admitted to bail in terms of the draft order.”

Mumpande was ordered to pay $20 000 bail and to report once a week at Hillside Police Station as part of the bail conditions.

He was also ordered to reside at his given address and not interfere with State witnesses until the matter is finalised.

In his bail statement, Mumpande argued that the gold in question was found at his employer’s house. He further argued that expired permit authorising the holder of the gold is not under his name, but his employer’s, who is a registered gold dealer.

His lawyer said there was no evidence which suggested that if released on bail he would abscond trial.

“The magistrate erred in refusing to grant my client bail because there was no evidence placed before the court indicating that releasing him on bail would compromise the interests of justice,” said Mr Chikwakwa.

For the State, Ms Nokuthaba Ngwenya had opposed bail, arguing that there was no guarantee that if released, Mumpande would not abscond given the seriousness of the offence and the value involved. She also argued that the State has a strong prima facie case against the appellant.

According to court papers, it was stated that on June 15 at around 12.40PM, acting on a tip off, five detectives went to a house in Killarney where Mumpande kept the gold.

Detective Assistant Inspector Ndlovu, Detective Sergeant Maramwidze, Detective Sergeant Jonhera, Detective Sergeant Chiripano and Detective Constable Chagweda all stationed at CID Minerals Flora and Fauna Unit crack team based in Harare, received information that Mumpande was dealing in gold at a house in Killarney.

Acting on that information, the detectives proceeded to the given address and upon arrival they introduced themselves to the accused person.

Mumpande led the police into the house to conduct the search.

They searched the dining room first before proceeding to the bedroom where they asked him to open a safe.

When Mumpande opened the safe, detectives found a neatly wrapped plastic bag containing 2,78 kilogrammes of gold valued at US$125 477.

Mumpande was asked to produce a license authorising him to possess the gold and he produced an expired permit leading to his arrest.

@mashnets