Court Reporter
THE Regional Court has acquitted a Beitbridge taxi driver from a charge of illegal possesion of dagga after his defence succesfully argued that he did not have knowledge of what he was hired to deliver.
Regional magistrate Charity Maphosa said police failed to investigate Clever Mupfuvaire’s leads of who had given him the parcel and also failed to prove he attempted running away when he was arrested.
Defence lawyer Forbes Muchihwande Sithole said his client was arrested while he sat in his taxi and he showed police who the parcel was going to and from where it came which police failed to probe.
Reading a precedent from the High Court, Maphosa said where tgere is doubt Mupfuvaire should get the benefit.
Maphosa asked why Constable Dare, the investigating officer, failed to probe the detailed information by Mapfuvaire who even gave police the phone numbers of the person who sent him to deliver the parcel.
She said it was commom purpose that Mapfuvaire was a taxi driver who may never know contents of parcels he is asked to deliver.
Allegations were that on August 15 this year, at around 0700 hours, Dare, a police officer, received information that Mupfuvaire was carrying dagga.
Dare went towards Bulawayo Road with another detective Inspector Jim driving.
They parked in front of Mupfuvare’s vehicle.
The court heard that on seeing the police, Mupfuvaire ran away for about 50 to 60 metres into the bush before he was apprehended which Maphosa said was in dispute and had not been proven.
Dare, is both the investigating and arresting officer.
Dare said the dagga was in a green sack concealed with cardboard boxes.
Police weighed the dagga and obtained a forensic report confirming it was dagga.
Maphosa also asked why one Sibongile Siziba who Mapfuvaire said gave her the parcel, was not brought to court.
Maphosa said the accused person did not have an obligation to prove he was guilty and police should have verified all information which was not the case.
“Under the circumstances there is a lot of doubt and that should benefit the accused. He is found not guilty,” she said.