Newman Chiadzwa demands seized equipment
Wednesday, 16 May 2012 00:00
Daniel Nemukuyu Senior Court Reporter
BUSINESSMAN Mr Newman Chiadzwa has filed a High Court application claiming back his excavator (front-end loader), tipper truck and other equipment seized by the police from his homestead near the Chiadzwa mine fields in Marange three years ago.
The police stated in their papers that the equipment was seized because it was linked to the offence Mr Chiadzwa was facing under the Precious Stones Act.
But Mr Chiadzwa argues that the seizure of the property after his arrest had nothing to do with the criminal case.
Mr Chiadzwa contends that he was arrested in 2006 for the offence of buying diamonds. He, however, argued that the seized excavator, tipper truck, jig machine, a 5 000 litre water tank and toolbox could not be used to buy diamonds as alleged.
He added that he has since been acquitted of the said charges and that there was no basis for the police to continue holding on to the property.
In an application filed at the High Court early this year, Mr Chiadzwa is seeking the release of the property saying it was suffering wear and tear at an open space at the diamond base in Chiadzwa.
Mr Chiadzwa stated in his affidavit that on July 27, 2009, police officers in the company of some soldiers went to his homestead and demanded to enter into the premises.
They searched the premises before seizing an unregistered Massey Ferguson front-end loader, Toyota tipper truck (registration number 315 152), toolbox with an assortment of tools, 5 000 litre water tank and a jig machine.
Mr Chiadzwa indicated that the police officers did not give an explanation for the removal of the property.
Efforts by Mr Chiadzwa to recover the property were fruitless as the police advised him to write a formal letter for the release of the property.
The police, according to Mr Chiadzwa, did not respond to the application prompting him to file the High Court application.
“I contend that the respondents (police) have no lawful basis to confiscate my property. I have not been charged with any criminal offence in respect of my possession of the property and neither was it being used for any unlawful activity.
“I have ascertained that my property is suffering wear and tear as it is outside in the open sun at the diamond base. It has deteriorated in value significantly from the time of its confiscation,” said Mr Chiadzwa.
On behalf of the police, the commander at the diamond base, Mr Crypos Misi, denied that the police forcibly entered Mr Chiadzwa’s premises saying they politely asked for permission.
He stated in his opposing affidavit that the police did not seize the toolbox and that the other seized property was linked to the Precious Stones charges Mr Chiadzwa was facing.
Mr Misi defended the police actions saying everything was above board.
“The Criminal Procedure and Evidence Act empowers the police to seize articles on reasonable grounds believed to be concerned with the commission of an offence. The police actions in this respect were above board.
“Applicant was arrested for contravening Section 3(1) of the Precious Stones Act Chapter 21:06 as read with Section 3 (a) of the Amendment Act Number 10/2007 after he was found in possession of 8,4kg of diamonds.
“He was sentenced to five years in jail and was ordered to pay US$132 750,” the police say.
In his answering affidavit, Mr Chiadzwa described the police’s defence as ridiculous and irrational.
“The allegations I was facing were that I was buying diamonds from unlicensed miners. Can I possibly buy diamonds with a tractor, front-end loader, tipper truck and water tank? This is so ridiculous.
“In any event, these items were never booked as exhibits in connection with the offence I was arrested for at all. Most importantly, I was acquitted of those charges.
“I was arrested on October 14, 2006, almost three years before the items were collected. There is absolutely no connection between my arrest and this matter (property matter)”.
The case is yet to be set down for hearing as an opposed matter at the High Court.
Labels: CHIADZWA, MINING, NEWMAN CHIADZWA
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Man seeks return of US$300m diamonds
27/09/2011 00:00:00
by Staff Reporter/DPA
A MAN found with US$300 million worth of diamonds has filed a High Court application to have the gems returned to him following the collapse of his trial. Newman Chiadzwa, 55, of Marange, was convicted and sentenced to five years in prison last year over the possession of 43,028 carats of diamonds.
The High Court quashed the sentence in June this year on a technicality, prompting Chiadzwa to approach prosecutors, who used the diamonds as an exhibit during his trial.
Court officials said the diamonds, weighing a total of 8.61 kilograms, had been handed over to officials from the Mines Ministry.
Chiadzwa's lawyers said Tuesday they had had no luck getting them back from the ministry.
Chiadzwa was charged with illegal possession of precious minerals and sentenced to five years in jail. He appealed against both sentence and conviction to the High Court.
At first instance, on May 18, 2010, Justice Yunus Omerjee threw out his application for bail pending review of his conviction, telling him he had little prospects of success in overturning his conviction.
But on June 29 this year, Justice Andrew Mutema passed a default judgment quashing the lower court's ruling after the Attorney General failed to file his opposition.
Last month, the Attorney General launched an appeal seeking a reversal of the default judgement and Chiadzwa’s immediate return to prison to serve out the remainder of his sentence.
The Attorney General said he had not been served with a set down notice for the June 29 hearing at which Justice Mutema passed the default judgement.
The AG also argued that Justice Mutema made the judgement without the concurrence of another judge, as provided in terms of the law.
The appeal is pending.
Labels: CORRUPTION, COURTS, DIAMONDS, NEWMAN CHIADZWA
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Chiadzwa's wife in US$18ml dollar diamond arrest
By: TH-TZG
Posted: Friday, July 2, 2010 12:20 am
JAILED diamond dealer Newman Chiadzwa’s wife was last Thursday fined US$700 by a Mutare magistrate after she was found in possession of diamonds worth over US$18 million.
Palister Chiadzwa (38) was found guilty of breaching the Precious Stones Act following her arrest in 2006.
Her husband is serving a five-year jail term and was fined US$132 000 after he was convicted of illegally possessing 43 028 diamonds of varying sizes by a Mutare magistrate.
Last Thursday, Palister was fined US$700 or seven months in jail with hard labour.
On October 14, 2006 police detectives on patrol in Marange received information that Palister was illegally dealing in diamonds at Zengeni Business Centre.
They put her under surveillance for some time before approaching Palister, who was sitting in her green Toyota Prado.
A search was conducted and the detectives discovered 2 462 diamonds worth US$18 658 280 in her handbag.
She was arrested and the diamonds were forfeited to the State.
CID Border Control and Minerals Unit spokesperson Detective Assistant Inspector Godfrey Mubaiwa yesterday confirmed the case and sentence.
Labels: NEWMAN CHIADZWA
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Zimbabwe diamond ban unlikely
Our reporter/sources
Wed, 04 Nov 2009 08:59:00 +0000
ZIMBABWE is unlikely to face censure over allegations of trading in "blood diamonds" as the
individuals and groups who were giving evidence at an international summit have not been able to provide the evidence required.
This is despite the publication of various reports by human rights organisations alleging that the country has been trading in blood diamonds.
The member states of the Kimberley Process (KP) – the system set up to regulate the diamond trade – had been expected to use this week's meeting to impose an export ban on Zimbabwe after allegations of human rights abuses at its diamond fields.
That ban seems unlikely as key witnesses have failed to provide information to KP.
Last week, illegal diamond dealer and businessman Newman Chiadzwa, who has been posing as Chief Chiadzwa, said he had lied to the KP when they visited Zimbabwe earlier this year.
Newman's family, Government and police have accused him of supplying false information to the media on goings-on at the Chiadzwa diamond fields with a view to getting Zimbabwe banned from trading in the precious stone so that illegal mining activities -- from which he stood to benefit -- would resurface in the area.
He is also accused of writing a damning letter to the Kimberley Certification Process claiming State security agents are harassing people interviewed by the review team when they were in the country recently.
The Zimbabwean Government argues that since Chiadzwa has admitted that he lied to benefit from the ban, his story was no longer credible and his evidence not permissible.
Human rights campaigners, including watchdog Amnesty International have issued damning reports alleging human rights abuses in the Marange district where they say more than 200 people died last year and say there are mass graves where these people are buried.
Another key witness to the ongoing investigation has not been able to convince the KP of the existence of blood diamonds since the summit started, according to reports from Government officials in Namibia.
Farai Maguwu, a campaigner from the mining district who travelled to the Windhoek summit to give "evidence" to KP.
He runs the Centre for Research and Development in Mutare. Maguwu alleges that since leaving the country he has been followed and threatened by senior Government officials.
"My presence here didn't go down too well with them and they've had me followed," he told The Independent (UK) newspaper by telephone from the summit.
"Even now when I'm speaking they are pushing closer to try and hear what I'm saying."
Maguwu says his organisation has been compiling "evidence" of wrongdoing in the Marange district where alluvial diamond deposits were found there three years ago.
He appeared in an SABC documentary released prior to the summit alleging human rights abuses in Marange.
The diamond fields were nationalised last year. A British company, African Consolidated Resources, was running the fields before the Government takeover.
Earlier this year President Mugabe said Anglo-American had been mining diamonds in that area for 15 years without the knowledge of Government, and all the diamonds were secretly exported out of the country.
"The Anglo-American Corporation did a lot of prospecting but never told us there were diamonds there," said President Mugabe.
"From what we hear Anglo was doing some tests year-in year-out and getting diamonds out of the country" without the knowledge of the government, he added.
Maguwu says Government was barring him from giving evidence to the KP.
"There are strong people making money out of diamonds and they want to silence me," said Maguwu.
The researcher said he was summoned to a meeting with Zimbabwe's ambassador to Namibia on Monday where he says he faced "hysterical accusations".
A Government official who spoke to the Zimbabwe Guardian on Tuesday says Maguwu failed to present crdible evidence of human rights abuses and the KP seems not convinced that the allegations are true.
The Kimberley safeguards agreed in 2003 helped to restore consumer confidence in precious gems.
Kimberley members agreed to send a mission to Zimbabwe last year after alleged reports of abuses in the Marange fields.
The delegation interviewed Newman Chiadzwa and others who alleged that there were mass graves and gross violations of human rights in the area.
He has since withdrawn his allegations in a letter to President Mugabe and the inclusive Government of Zimbabwe.
The summit ends tomorrow and KP is expected to issue a statement on Zimbabwe.
Last night Zimbabwe was referred to an oversight committee, the last step before any action would be taken.
"It's been a small victory as at least there will now be a discussion," a source close to the talks told The Independent. "But the likelihood remains that no action will be taken."
A Kimberley Process working group recommended earlier this year that Zimbabwe voluntarily withdraw from the system. Harare's representatives to the summit, including Mines and Mining Development Minister Obert Mpofu, argued against the recommendation yesterday saying Zimbabwe had fully complied with KP recommendations.
The Government of Zimbabwe argues that the KP should be an independent organisation that should withstand the pressure of "self-seeking organisations" and that it is not in itself a human rights organisation.
Labels: DIAMONDS, KIMBERLEY PROCESS, NEWMAN CHIADZWA
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Chiadzwa in court on US$300m diamond scam
MP/TZG reporters
Thu, 27 Aug 2009 18:52:00 +0000
SUSPECTED illegal diamond dealer, Newman Chiadzwa — who also masquerades as Chief Chiadzwa, appeared in court last week for allegedly possessing about 8kg or 43 028.20 carats of diamonds worth about US$300 million.
The quantity is arguably the largest that the police have recovered from an individual after the crackdown on illegal diamond dealings, which started in 2006.
According to diamond values listed on the diamondhelpers.com, the carats recovered from Chiadzwa are valued at about US$283 984 800. The website states that a carat costs US$6 600.
Chiadzwa's wife, Callista Chiadzwa, is also appearing separately after she was found in possession of 2 462 carats of diamonds worth about US$16, 2 million.
The two, who pleaded not guilty, appeared before Mutare provincial magistrate, Mr Billard Musakwa. They are alleged to have contravened Section 3 (1) (a) of the Precious Stones Trade Act, Chapter 21:06.
Although they were arrested on October 14, 2006, the trial commenced on May 21, 2009 and had to be adjourned after some of the State witnesses were involved in an accident.
The State has already called two witnesses to testify in Detective Sergeant Romeo Makavi and Detective Assistant Inspector Paul Chimungu from the CID Minerals Headquarters in Harare.
Testifying in court, Det Ass Insp Chimungu said they arrested Chiadzwa after receiving a tip-off that he was dealing in diamonds.
He said when they arrested him, he had about 1.07 grammes of diamonds in his pockets. Some of the diamonds were recovered from his car, while the bulk of them were recovered from his shop.
"We gathered that the accused was buying diamonds from panners or exchanging them with groceries. When we arrested him, he denied that he had bought the diamonds or exchanged them with groceries, despite the fact that we had found pieces of papers from his shop indicating that goods in his shop were being quoted against the weight of diamonds.
"The accused did not have any papers authorising him to be in possession of the diamonds. When we arrested him, he even addressed himself as the chief, but we later found out that he was not a chief.
“For the defence to say the diamonds belonged to the late 'chief' is a lie because the accused was identifying himself as one.
“He even said he got the diamonds from the fields since 'his' people had been authorised to mine the diamonds.
"Initially, we weighed the diamonds using his scale and later took them for assaying where they weighed 8.61 kg," he said.
Under cross-examination from Ndlovu, Det Ass Insp Chimungu insisted that only licensed people were allowed to mine for diamonds and other precious minerals.
Ndlovu insisted that there was a Government policy allowing locals to mine the diamonds, but in response, Det Ass Insp Chimungu said: "I am not aware of that Government directive and policy.
“We were only briefed of the mission to arrest illegal diamond dealers and that is why we travelled to Chiadzwa and arrested the accused."
The defence also stated that the late 'chief' Chiadzwa had even visited the Ministry of Mines and Mining Development offices in Harare asking for permission to recover the confiscated diamonds.
In response, Det Ass Insp Chimungu said: "I am not aware that the diamonds belonged to the late 'chief'.
“In actual fact, from the memo the defence produced, it shows that it was the accused who had visited the Ministry of Mines and Mining Development offices because I understand the 'chief' was long dead by then."
On his first appearance last Thursday, the defence, led by Chris Ndlovu of Gonese and Ndlovu and David Tandire of Maunga Maanda and Associates, unsuccessfully applied to the court to force the Zimbabwe Broadcasting Corporation (ZBC) to release a video clip, which was recorded in June 2006 during a tour of the Chiadzwa diamond fields by the then Manicaland Provincial Governor, Tinaye Chigudu and the late Deputy Minister of Mines and Mining Development, Tinos Rusere.
The defence argued that the two had outlined the Government policy on the exploitation of the Chiadzwa diamonds to the villagers.
"In June 2006, the Government gave express permission for locals and villagers of Marange area to search and mine for diamonds in Chiadzwa and thereafter sell them to the Minerals Marketing Corporation of Zimbabwe (MMCZ).
“We are aware that sometime in June 2006, senior Government officials visited the Chiadzwa diamond fields where they took their time to explain to the people of Marange what the Government policy was regarding the mining of diamonds in the area.
“The meeting was filmed by the ZBC crew and was also recorded by journalists from Manicaland's leading publication, The Manica Post. What we are interested in is the footage produced by the ZBC cameraman.
“In view of our defence, it is essential and very material that we have access to the whole footage taken by the ZBC crew and better still, to the edited version that appeared in one of the news bulletins of that week," said Ndlovu.
However, the State, led by Nelson Makunyire, said the application was frivolous and vexatious.
He argued that it was meant to frustrate the trial proceedings and should be dismissed.
"The application is frivolous and vexatious because the defence submitted that the diamonds did not belong to the accused (Newman Chiadzwa), but to his late father, who was Chief Chiadzwa. We cannot rely on what the defence is saying because the so-called application to ZBC to have access to the footage is just on a piece of paper, which anyone can produce," said Makunyire.
Musakwa dismissed the application.
"The so-called application to ZBC is just on a piece of paper and is not signed for. Anyone can just type a piece of paper and claim to be the application. I am quite surprised because the application seems to depart from the tendered defence outline.
“This application is just the defence's gimmick to frustrate proceedings and I, therefore, dismiss the application. Full reasons will follow," said Musakwa.
The case was adjourned to September 9 and is expected to spill to the following day.
The State is also expected to close its case. - MP/TZG
Labels: CHIADZWA, CHIEFS, DIAMONDS, NEWMAN CHIADZWA
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