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By Lindie Whiz

A BRITISH journalist who had been in remand prison for five days was on Tuesday fined Z$20 billion (or six months in prison) for making a false declaration on arrival at the Joshua Mqabuko Nkomo International Airport.

Jonathan Michael Clayton, 54, who works for Times Magazine and is stationed in Johannesburg, pleaded not guilty to contravening Section 36-(1)-(a) (i) of the Immigration Act but was convicted by Bulawayo magistrate, Phathekile Msipa.

The court ordered that his passports that had been produced in court as exhibits and other personal belongings in the custody of the police be handed back to him.

Officials from the Department of Immigration who were also State witnesses in the trial indicated that Clayton is now a prohibited person and as such has to be deported as soon as the next flight to South Africa is available.

It was not possible for him to be deported on Tuesday because all the necessary formalities could not be completed before the South African Airways flight out of Bulawayo took off.

In convicting him, Msipa found that while what he had endorsed on the
Declaration Forms was true, what she found to be the case against him was the fact he had tried to distance himself from any media links.

She said the law provided that the court could convict on the strength of certain facts, which arise during the trial even though this would not have been the basis of the charge.

Msipa found that a brochure which was produced as an exhibit clearly showed that he was actively involved with the media.

Msipa said: "This is corroborated by the State witnesses which was not challenged in this court. The court found that the accused was not convincing when he testified in his defence, as he seemed not sure of what he was saying.

"The evidence before this court shows that you vehemently denied any links with
any media house but no reason has been given why the State witnesses would lie against you."

Clad in a tattered prison garb shirt and in leg irons, Clayton sat with his hands folded across his chest and showed little emotion as the magistrate ruled that the State had proved its case against him and he was accordingly found guilty.

In mitigation, his lawyer, Josphat Tshuma, of Webb Low and Barry Legal Practitioners, urged the court to take into account the fact that his client had
spent eight days in prison "which was in itself a severe punishment in a country where he had no relatives".

Tshuma noted that the law provided for a fine adding that the objective of punishing someone is that they should not repeat any act and also deter like-minded individuals.

"He has learnt a lesson that he has to be more careful on his next visit to the country to realise the importance of completing Declaration Forms. I urge the court to caution and discharge him. It was the evidence of the Immigration officials that they had intended to put him on the flight back to South Africa but unfortunately the flight had already gone," said Tshuma.

The prosecutor, Clement Shawarira, told the court that on April 9, at around 11am, Michael alighted at the Joshua Mqabuko Nkomo International Airport and he presented himself to immigration authorities.

After being given Declaration Forms, he allegedly made a false declaration which led to his detention.

A mobile phone containing a list of Zimbabwe National Army officers was recovered from him and the authorities also found him in possession of a laptop computer and cameras.

Zimbabwe warned foreign journalists who were refused accreditation but still sneaked into the country as tourists that they faced jail if found practising. Two other journalists, an American and a Briton, were acquitted of practising without accreditation by a Harare magistrate on Wednesday, and two South African technicians were also cleared on Tuesday.
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