| The best Zimbabwe news site on the world wide web |  |
| NEWS |
| FORUMS |
| NEWS ANALYSIS |
| READERS' FORUM |
Defence lawyer spars with prosecutor in Macmillan trial
By
Staff
Reporter
THE
defence lawyer for Ewan Alexander Macmillan, the business tycoon charged
with illegal possession of 1,2kg of gold, sparred with a prosecutor
last Friday over the admissibility of a "statement of agreed facts"
containing special circumstances surrounding the commission of the offence.
The acting Director of Public Prosecutions Venrandah Munyoro entered into an agreement with the defence lawyer George Chikumbirike to accept a "statement of agreed facts" containing an affidavit by Ian Macmillan, Ewan's father, confirming that he was in fact the owner of the recovered gold and that his son was only a victim of circumstances.
Ian Macmillan is rated Zimbabwe's second richest person with massive mining interests.
The trial prosecutor Obi Mabhwana forcefully opposed the admission of the "statement of agreed facts", saying he was not party to its signing and the position of the State was to object to its admission in court.
Tempers flared during mitigation as Chikumbirike maintained that the statement was signed by Munyoro, a law officer at the Attorney-General’s Office, and on behalf of the State.
"The State consented and it is too late to withdraw," Chikumbirike averred.
Mabahwana argued that he was the prosecutor in the matter, and that he was not in agreement with the consent made by Munyoro at the AG’s Office.
Chikumbirike was submitting special circumstances on behalf of Macmillan during mitigation in a bid to avoid a mandatory sentence of five years imprisonment for Macmillan.
According to the defence's statement of agreed facts, Macmillan’s father brought the gold into the house years back and forgot where he had hidden it until he left for South Africa where he is hospitalised.
The defence also said the house where the gold was found was owned by Macmillan’s mother and that Ewan only admitted the charge to protect his parents, hence a lighter sentence was warranted in the circumstances.
Mabahwana said the statement was inadmissible as it trivialised the offence which was serious and that he intends to call witnesses to rebut the said statement before the sentence is imposed.
Macmillan was nabbed in May when police received information that he was in possession of gold and raided his house at Number 9, Drew Road in Chisipite Harare.
Two gold buttons weighing 1,2kg were recovered hidden in a shoe sole in Macmillan’s bedroom leading to his arrest.
A magistrate will make a determination on the admission of the "statement of agreed facts".
This is not the first time the Macmillan family has had a run-in with the law over gold possession offences.
In 2003, Ian Hugh Macmillan, his son Ewan, Clare Lynn Burdett and Collen Rose were arrested in South Africa after allegedly trying to smuggle gold worth about US$161 000.
They were freed by High Court judge Charles Hungwe after prosecutors delayed bringing them to court.
Ewan MacMillan owns two gold mills in Bindura and Shamva.
According to Zimbabwe's central bank governor Gideon Gono, Zimbabwe is losing US$40m to US$50m every week through the smuggling of precious minerals.
Gold deliveries in 2006 were 10.96 tons, down from 13.45 tons, owing to a combination of factors, including a lack of equipment, reduced exploration and illegal trading and smuggling.
In January, authorities vowed to press on with a crackdown on illegal gold and diamond miners. About 31 509 people have been arrested since November.
In May this year,
police said they had recovered 3.6kg of gold and 7 868 diamonds since
the blitz was launched.
JOIN THE
DEBATE ON THIS ARTICLE ON THE NEWZIMBABWE.COM FORUMS
newsdesk@newzimbabwe.com
All material copyright newzimbabwe.com
Material may be published or reproduced in any form with appropriate credit to this website