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Drug dealer faces prison term after $150 fine for Chinese
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The High Court in Bulawayo has dismissed an appeal by convicted drug dealer Gary Bell, confirming his return to prison to serve a 12-month effective sentence. Justices Munamato Mutevedzi and Ngoni Nduna ruled that Bell's magistrates' court conviction was sound, rejecting his claim that he had been framed.
"The court proved beyond reasonable doubt that the appellant was found in possession of the drugs. His claim that the drugs were planted cannot be supported by any evidence," Justice Mutevedzi stated, adding that the sentencing magistrate had exercised proper discretion.
Bell, 42, a well-known Bulawayo socialite, had been out on US$500 bail since mid-August while challenging the 18-month sentence handed down by Bulawayo regional magistrate Joseph Mabeza in July. Six months of the sentence were suspended on condition of good behaviour, leaving 12 months to serve.
In his appeal, Bell argued through his lawyer, Shepherd Chamunorwa, that the charges were fabricated by a local businessman seeking revenge. However, court records show that on February 14, Harare detectives, acting on a tip-off, arrested Bell at midnight. Searches at his Burnside residence uncovered cocaine and ecstasy with a combined street value exceeding US$500, along with two digital weighing scales and razor blades smeared with the substances.
Bell denied the charges and claimed the drugs were planted, alleging police violated his rights during the search. With the High Court's ruling, he must now serve the remainder of his sentence without further recourse.
"The court proved beyond reasonable doubt that the appellant was found in possession of the drugs. His claim that the drugs were planted cannot be supported by any evidence," Justice Mutevedzi stated, adding that the sentencing magistrate had exercised proper discretion.
In his appeal, Bell argued through his lawyer, Shepherd Chamunorwa, that the charges were fabricated by a local businessman seeking revenge. However, court records show that on February 14, Harare detectives, acting on a tip-off, arrested Bell at midnight. Searches at his Burnside residence uncovered cocaine and ecstasy with a combined street value exceeding US$500, along with two digital weighing scales and razor blades smeared with the substances.
Bell denied the charges and claimed the drugs were planted, alleging police violated his rights during the search. With the High Court's ruling, he must now serve the remainder of his sentence without further recourse.
Source - The Chronicle