She told Harare regional magistrate Mr Ngoni Nduna hat she
had no intentions to smuggle the gold as alleged.
“The accused person (Rushwaya) denies all the charges. She denies
she ever had an intention to smuggle gold outside the country. The accused
asserted this aspect on the day of her arrest to the arresting detail, Bruno
Chiketo.
“She had no knowledge that the bag she had carried
contained gold and that she was of the mistaken belief that the bag contained
her clothes, food stuffs and other personal belongings. She states that she
could not have been naive to bring gold through an airport which she fully
knows has scientific detectors.
“She could have not expected freely without having been
detected especially in the manner it was not even concealed. There is no
mention or allegations that the first accused refused or attempted to dodge the
scientific detectors for if she wanted she could have dodged that point because
that would have been the pointed where she could be detected.
“The fact that there was gold in her bag at the airport on
October 26 is therefore, common cause. What is in dispute relates to her
knowledge and in an offence of smuggling, possession and the State would be
expected not only to prove the actus bares, but also knowledge, which is a
critical element. Accused gave a plausible explanation.
“She does not dispute that at her house she had and was in
possession of the gold, as she is a fully fledged miner in her own right having
several mines she owns through her companies one of which is Realm Technologies
which has grant No.6324 42 hectare within Mupfurudza Safari areas and in other
areas. It was not disputed by the State that she has a gold buying agents
permit. In respect of the smuggling matter, the State had approached the court
with a full docket and not on Form 242 as could be seen from the witness who
was not even aware of the status of the docket which was produced in court,”
said her lawyer.
COMMENTS