Bulawayo High Court judge Justice Nokuthula Moyo on Tuesday last week acquitted Fisher Matura (35) on all charges relating to the smuggling of 11,4 kilograms of gold worth $422 775. He was arrested after trying to smuggle the gold through Plumtree Border Post.
Justice Moyo said the state had failed to prove a solid case against Matura after he had argued that he had no idea that the gold was in the car. In his defence, he said that he had borrowed the car from Nevison Zvizhinji, in order to buy spare parts in Botswana. Zvizhinji told the police that had created secret compartments to conceal his gold after being robbed.
In her ruling Justice Moyo said:
From the evidence of the three State witness, the court cannot, as a matter of fact, make a finding that the accused did create the secret compartments and hide the gold in question in them,
The other two State witnesses render the factual basis for such finding flawed.
Either they were not sure of the manner in which they should conduct investigations and also how evidence issues are to be presented in possession cases or they deliberately threw the spanners into the works so that the State case was crippled