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The Herald, March 27, 1979

MAN who attempted to bribe a Customs official friend to help him smuggle out of Rhodesia uncut emeralds worth $24 035 was jailed by Mr Justice Smith yesterday for two-and-a-half years.

Fulvio Messina (39) was also fined $2 000 (or four months) for contravening the Exchange Control Act and Regulations in that he attempted to export the uncut emeralds.

He pleaded guilty in the High Court, Salisbury, last Friday to one count of unlawful dealing in precious stones, one of bribery and one count of contravening the Exchange Control Act and Regulations.

For unlawful dealing in precious stones, he was sentenced to three and a half years imprisonment, of which one and a half years were conditionally suspended for five years.

For attempting to bribe Mr Gordon Mace, a Customs official, he was sentenced to 12 months, of which six months would run concurrently with the two years for unlawful dealing in precious stones leaving an effective prison sentence of two-and-a-half years.

Mr Smith also ordered that the 424 035 worth of uncut emeralds be forfeited to the state.

The court was told last Friday that Messina of Jameson Avenue, was required to by the Australian Immigration authorities to arrive with his family there not later than the end of this month. He would be refused entry after the deadline.

A statement of agreed facts said that Messina spent about $30 000 in illicitly buying 221 uncut emeralds between November last and February 28 this year.

He and his wife visited Mr Mace and his family on January 19 and Messina then asked Mr Mace whether he could consider doing him a favour.

What he wanted was that Mr Mace should help him smuggle out of the country a packet containing uncut emeralds worth $30 000.

Mr Mace indicated that he would be prepared to consider assisting him in return for $3 000, a 10 percent commission, but said he would consider the matter.

Mr Mace reported the matter to the senior Customs Investigator who in turn informed the Police.

It was then decided that Mr Mace would be used to trap Messina. Mr Mace contacted Messina and told him he was prepared to assist provided he was paid the $3 000 in advance.

Messina told Mr Mace he was unable to raise the $3 000 in cash and suggested to pay him $2 000 in cash or 12 uncut emeralds, which he said were worth about $3 000.

Mr Mace agreed that he would accept the emeralds as his commission. They then agreed that Messina would bring the emeralds he wanted smuggled out at Salisbury Airport.

Mr Mace met Messina at the airport as arranged and he was handed a return air ticket to Johannesburg and the uncut emeralds.

Mr Mace then handed the emeralds to a detective who arrested Messina immediately after he had passed through Customs and immigration check point.

LESSONS FOR TODAY

A friend is someone with whom one has a bond of mutual affection that is exclusive of sexual or family relation. To this end a friend should be loyal and not sell out like what Mr Mace did to his friend Messina.

In the same vein it is wrong for someone to take advantage of a friend’s position of privilege by asking them to commit a crime that might end up getting both of them in serious trouble.

Smuggling of goods especially precious minerals such as gold, diamonds across borders is a serious crime that can land one in prison.