Magistrate up for criminal abuse of office

Zvikomborero Parafini, Court Reporter

Chitungwiza Regional magistrate Morgan Nemadire was on Monday brought to court charged for criminal abuse of office after he made a ruling to fine a Venezuelan woman who was found in possession of 5kg of cocaine.

Nemadire was not asked to plead when he appeared before Harare regional magistrate Ngoni Nduna.

 

The State represented by Lancelot Mutsokoti consented to bail and Nemadire was released on $5000 bail and was ordered to return to court February 3.

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Allegations are that on October 25 2018, Delcy Daymar Rodriguez, a Venezuelan national arrived at Robert Mugave International Airport from Brazil and when she was searched, she was found in possession of 5,863kgs with a street value of US$469 040.

 

Rodriguez appeared before Nemadire accused of unlawful dealing in dangerous drugs and alternatively possessing dangerous drugs and he ruled that the bag belonged to her but the evidence did not demonstrate that she was dealing in the dangerous drug and acquitted her on the main charge.

 

Rodriguez according to the State, was acquitted on the main charge yet overwhelming evidence proved that she was dealing in drugs as she had ‘imported’ it to Zimbabwe and Nemadire concluded that she merely possessed the drug, which is a lesser charge as opposed to dealing and did not give reasons justifying that contrary to his duties as a magistrate.

 

Nemadire fined Rodriguez $700 and a five years’ imprisonment was wholly suspended for five years showing favour to her at the prejudice of good administration of justice.

HMETRO

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