Immigration officer on the run - warrant of arrest issued

AN immigration officer who arrested the Israeli pilot allegedly found with US$2 million worth of diamonds after he was granted bail is on the run after he was summoned to court to explain his actions.

Godfrey Kondo was issued with a warrant of arrest after a police detail who was sent to arrest him told the court that he ran away when he tried to issue him with a subpoena.

Shmuel Kainan Klein (58) is appearing before regional magistrate Mr Clever Tsikwa.

He is being charged with unlawful possession of diamonds and contravening Section 12 (1) of the Immigration Act Chapter 4:02, which criminalises entry by evasion.

Klein was re-arrested by immigration officials led by Kondo on Thursday although presiding magistrate Mr Tsikwa had made an order barring immigration officials from arresting the pilot and interfering with his bail conditions.

In the morning session the pilot's lawyer Mr Jonathan Samukange had applied that Kondo be arrested for contempt of court saying no one was above the law.

"They (Immigration officials) are not prepared to follow your orders why should you hear their matters; let them take them somewhere else. If a judge had issued such an order no law enforcement agents would have interfered. These courts (magistrate court) have allowed themselves to be humiliated and belittled," he submitted.

He said the law should apply vigorously to the State.

"Our application is that you issue a warrant of arrest for contempt of court against Kondo and that a prison officer be ordered to release the accused person without any condition," said Mr Samukange.

He said the trial will resume when his client is released. The State which was represented by Ms Tracy Mundanga and Mr Michael Reza tried to subpoena Kondo but the police detail they sent told him that he ran away. This prompted the State to apply for a warrant of arrest after Kondo's name was called three times outside the courtroom.

Mr Samukange asked the magistrate to order the release of his client but Mr Tsikwa said he would only do so after hearing Kondo's evidence suggesting that he might have arrested him for breaching other immigration laws. The matter was deferred to today.

Charges against Klein arose on March 17 this year, at around 11am, when he tried to board a South African Airways flight number SA23 to South Africa. It is alleged he was clad in a pilot's uniform when he presented himself to the passenger screening point which was manned by a Civil Aviation Authority security officer Wendy Gomo.

As his two bags were being screened, it is alleged, the security officer noted that Klein was uneasy and shaky prompting her to make a physical check of the hand luggage, which yielded the diamonds that were wrapped in a sealed plastic bag.

The State says detectives from the border control unit were called in and counted the stones which totalled 1 379. Further searches were made and another 67 pieces were found again wrapped in a one United States dollar note stashed in the lining of the hand luggage.

Investigations revealed that Klein had arrived in the country the same day from South Africa aboard a South African flight as a passenger.

His passport was not stamped by immigration officers on arrival as he disguised himself as a crew member, it is alleged.

It was also established that Klein had travelled on the said flight as a passenger and not as a crew member.

The diamonds in question were taken to the Minerals Marketing Corporation of Zimbabwe for assay and weighed 1,7 kilogrammes with a caratage of 8486,66 valued at $2, 437 708.24.