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Court orders police to return seized beer to businessman
2 hrs ago |
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A Gutu magistrate has ordered police to return 40 crates of beer and a liquor licence that were confiscated from prominent Mpandawana businessman Fredrick Machinya in September last year.
Magistrate Honest Musiiwa issued the order last week after finding that Machinya held a valid liquor licence at the time the alcohol was seized.
The beer had been confiscated by Sergeant Owen Manjengwa.
During court proceedings, Machinya alleged that Manjengwa demanded a US$10 bribe and impounded the alcohol after he refused to pay.
Represented by lawyer Tinaishe Sabwa, Machinya challenged the seizure in court.
The businessman is no stranger to litigation. In 2009, he successfully approached the High Court to recover property that had been attached following a US$10 million civil claim against him.
Magistrate Musiiwa ordered police to return the confiscated liquor, which included Super Wine, pints and Scud beers.
However, Machinya said some of the Scud beer had expired while in police custody and indicated that he intends to institute civil proceedings against Sergeant Manjengwa in his personal capacity to recover its value.
Following the seizure, Machinya faced two criminal charges—one of allegedly insulting the police officer and another of selling liquor without a valid licence.
The court found that Machinya possessed a valid liquor licence and ruled that police had no lawful basis to confiscate the alcohol on that charge.
However, Magistrate Musiiwa convicted Machinya of undermining the authority of a police officer.
Machinya maintained that Sergeant Manjengwa had insulted him during the incident and said he had reported the matter to the police, but alleged that no progress had been made in investigating his complaint.
He also indicated that he intends to appeal his conviction at the High Court.
"Liquor seized from the offender be returned to the offender," Magistrate Musiiwa ruled.
The State was represented by prosecutor Phinos Kwangwari.
Police Sergeant Edias Mugabe subsequently handed the confiscated beer back to Machinya in compliance with the court order.
Magistrate Honest Musiiwa issued the order last week after finding that Machinya held a valid liquor licence at the time the alcohol was seized.
The beer had been confiscated by Sergeant Owen Manjengwa.
During court proceedings, Machinya alleged that Manjengwa demanded a US$10 bribe and impounded the alcohol after he refused to pay.
Represented by lawyer Tinaishe Sabwa, Machinya challenged the seizure in court.
The businessman is no stranger to litigation. In 2009, he successfully approached the High Court to recover property that had been attached following a US$10 million civil claim against him.
Magistrate Musiiwa ordered police to return the confiscated liquor, which included Super Wine, pints and Scud beers.
However, Machinya said some of the Scud beer had expired while in police custody and indicated that he intends to institute civil proceedings against Sergeant Manjengwa in his personal capacity to recover its value.
The court found that Machinya possessed a valid liquor licence and ruled that police had no lawful basis to confiscate the alcohol on that charge.
However, Magistrate Musiiwa convicted Machinya of undermining the authority of a police officer.
Machinya maintained that Sergeant Manjengwa had insulted him during the incident and said he had reported the matter to the police, but alleged that no progress had been made in investigating his complaint.
He also indicated that he intends to appeal his conviction at the High Court.
"Liquor seized from the offender be returned to the offender," Magistrate Musiiwa ruled.
The State was represented by prosecutor Phinos Kwangwari.
Police Sergeant Edias Mugabe subsequently handed the confiscated beer back to Machinya in compliance with the court order.
Source - Mirror
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