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Thupeyo Muleya Beitbridge Bureau
Two Zimbabwe Revenue Authority (ZIMRA) officers stationed at Beitbridge Border Post, who are accused of illegally detaining a truck carrying liquor that had been legally cleared, left the court a disappointed lot on Monday after their application for discharge was dismissed for lack of merit.

Obert Tafadzwa Charamba (35), a loss control officer and Stephen Masimuke (50), a supervisor, are accused of detaining a truck belonging to Turkey Trading of Bulawayo between December 23 and January 14 this year.

The two who are being jointly charged for criminal abuse of office, denied being on the wrong side of the law and applied for discharge at the close of the state case when they appeared before Mr Innocent Bepura.

The matter has since been set for defence on September 10.

Charamba is being represented by Reason Mutimba of Masawi and Partners, while Marshal Chatsanga of Mangwana and Associates is appearing for Masimuke.

The accused persons are out of custody on $200 bail each with the consent from the Prosecutor General’s office.

Prosecuting the case, Mr Foster Abheki told the court that on December 23 last year Turkey Trading Pvt (Ltd) of Bulawayo imported a consignment of liquor from South Africa through Beitbridge Border Post.

The company then enlisted the services of ASB Freight as their clearing agent to facilitate the legal importation of the liquor, which was done at ZIMRA Beitbridge under bill of entry number C93285 of 23 December 2014.

The truck was then released by other Zimra officials to leave the border and was later intercepted by Charamba and Masimuke who referred it to the Container depot for further physical examination, which was done on the following day.

Reports say no anomaly was picked, but the two insisted on its detention without giving any reasons.

The truck and the cargo remained lodged at the depot until 14 January, prompting the owners to report the matter to the police and also against such action at the High Court.

The High Court in turn ordered for its unconditional release under case number HC 16/15.

Investigations were then carried out and it was established that Charamba and Masimuke did not issue any legal documents (Notice of seizure and duty schedule) as proof that the truck and the cargo were being detained legally at the container depot.

Under normal customs procedure an importer is issued with a notice of seizure accompanied by a duty schedule in cases where they will have smuggled or underpaid excise duty.

Further investigations revealed that the said consignment was never entered into the Zimra books as has been alleged and the two were subsequently arrested.