Macmillan escapes jail, fined

Macmillan escapes jail, fined

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By Lindie Whiz

EWAN Alexander Macmillan, the business tycoon arrested for possessing 1,2kg of gold, on Monday escaped a mandatory prison term of five years when a Harare regional court fined him $712 million.

The court reached the conclusion that Macmillan did not bring the gold into the house where it was seized, after accepting the statement of agreed facts which stated that the gold was brought by his father without his knowledge.

The court also considered that the businessman -- whose father, Ian, is rated as Zimbabwe’s second richest man -- was a first offender and a bread winner in his family.

Regional magistrate Morgen Nemadire ruled that there were special circumstances warranting a non-mandatory sentence.

The basis of the “special circumstances” was questioned by the prosecution team. The court acknowledged that there was confusion among the State prosecutors as two law officers signed for the statement of agreed facts, and a third strongly opposed its admission in court.

However the court ruled that it was inclined to uphold the statement of agreed facts and to fine Macmillan as a rehabilitative measure.

Macmillan was arrested early May when police received information that he was in possession of gold and raided his house.

They recovered 1,207kg of gold stashed in a shoe in Macmillan's wardrobe.

This led to his arrest and he pleaded guilty to the charge last week. The businessman was out on bail after offering surety in the form of a plane.

His father is rated Zimbabwe's second richest man behind John Arnold Bredenkamp.

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 last November.
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