Gula-Ndebele's son acquitted of cocaine possession

A Harare magistrate has acquitted Bulawayo entrepreneur and farmer Elephi Khumbula Gula-Ndebele at the close of the State's case after ruling that prosecutors had failed to establish a prima facie case linking him to cocaine allegedly found in a vehicle he was driving.

Harare magistrate Lisah Mutendereki delivered the ruling on 19 June after granting an application for discharge made in terms of Section 198(3) of the Criminal Procedure and Evidence Act by Ndebele's legal representatives from Chikuni Associates.

The State did not oppose the application.

Ndebele had been charged with possession of dangerous drugs under Section 157(1) of the Criminal Law (Codification and Reform) Act after police alleged they recovered a white powder from the vehicle he was driving, which later tested positive for cocaine.

In their application, the defence argued that the prosecution had failed to establish an unbroken chain of custody for the substance allegedly recovered from the vehicle, rendering the evidence unreliable.

The lawyers submitted that the State had failed to produce a notice of seizure documenting precisely what had been recovered from the vehicle.

They further argued that Detective Sergeant Mupome, who submitted the sample for forensic examination, was not part of the arresting team and that no evidence had been led explaining how he came into possession of the alleged exhibit.

"There is no evidence of where Sergeant Mupome obtained the sample he submitted to forensics for testing," the application stated.

The defence argued that the absence of a documented chain of custody meant the prosecution could not prove that the substance analysed by forensic experts was the same material allegedly recovered from the accused's vehicle.

According to the defence, this rendered the cocaine exhibit inadmissible and incapable of supporting a conviction.

The lawyers also challenged the State's evidence on possession, arguing that prosecutors had failed to prove that Ndebele knowingly possessed the alleged drugs.

During cross-examination, the investigating officer reportedly acknowledged that the vehicle carried corporate branding and was used by several individuals in addition to Ndebele.

The officer also conceded that it was possible another user of the vehicle may have been aware of the alleged drugs while Ndebele was not.

The defence argued that these concessions significantly weakened the prosecution's case by creating reasonable doubt over who, if anyone, knowingly possessed the substance.

After considering the evidence, Magistrate Mutendereki granted the application for discharge, finding that the State had failed to establish a case requiring the accused to answer.

As a result, Ndebele was acquitted without being called upon to present his defence.