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Fredrick Wilhelm August Lutzkie

Court Reporter
A Convicted South African businessman who crashed his helicopter in Gwanda and buried the wreckage after entering Zimbabwe illegally was yesterday granted us$2 000 bail pending his appeal against a three-and-a-half-year sentence.
Fredrick Wilhelm August Lutzkie (52) was ordered to deposit us$25 000 with the clerk of court as surety.

Lutzkie, who pleaded guilty to 14 counts of contravening the Civil Aviation and Immigration Acts, was granted bail after the court ruled that he was not a flight risk.

In his ruling, Harare magistrate Mr Vakayi Chikwekwe said Lutzkie was a proper candidate for bail.

“The appellant handed himself to Zimbabwe authorities and pleaded guilty to the charges. He invested around R23 million in the country and it is unlikely that he will flee,” he said.

As part of his bail conditions Lutzkie was ordered to surrender his passport, reside at No. 9 Chaplin Road, Bulawayo, and to report every Monday at CID Bulawayo Central.

In his notice of appeal, Lutzkie’s lawyer, Mr Itayi Ndudzo, said in passing a custodial sentence the court failed to take into account that his client voluntarily submitted himself to the jurisdiction of the court.

“The court misdirected itself by failing to take into account that count five to eight arose from one action of flying in and out of the country without complying with the                                                             law. The count could have been treated as one to safeguard against multiple punishment arising from one action.

“The court misdirected itself by justifying a custodial sentence on the basis of irrelevant, immaterial and unproven allegations of money laundering, smuggling of minerals and weapons and other contrabands,” he said.

Prosecutor Mr Michael Reza opposed the application insisting that allegations of money laundering did not need to be proven.

“The appellant volunteered information that he brought R23 million in Zimbabwe unprocedurally. He did not voluntarily hand himself to the police but hurriedly arranged an emergency landing strip for a lighter aeroplane to come and pick him up.

“He came back to Zimbabwe, organised an excavator, dug a hole and buried the helicopter. As a foreigner, if granted bail and goes back to South Africa. The police will have to look behind every tree for him,” he said.

On June 6, Mr Chikwekwe sentenced Lutzkie to seven years behind bars before setting aside half the sentence on condition he does not commit similar offences.

Mr Reza said from February 1 to 28 this year, Lutzkie flew his helicopter from South Africa to Doddieburn Range in Gwanda, where he runs a game farm.

He was flying without Civil Aviation Authority of Zimbabwe permission.

On May 5, Lutzkie flew from a lodge in Gwanda to South Africa but crashed four kilometres after take-off.

Lutzkie dug a pit with an excavator and buried the wreckage.