Gold dealer released on $20k 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 of gold 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

Detective Sergeant Maramwidze,

Ndlovu, Detective