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Senior Court Reporter

Pakistan business tycoon, Ali Mohammad, believed to be part of a syndicate that wanted to smuggle gold out of the country in October last year, has been freed after the court upheld his application for revocation of placement on remand on smuggling and unlawful possession of gold. 

Harare regional magistrate Mr Stanford Mambanje upheld his application on the basis that his co-accused, Henrietta Rushwaya, had exonerated him through an affidavit tendered during his application. 

In the affidavit, Rushwaya took sole ownership of the 6kg gold saying Mohammed had nothing to do with it. 

Rushwaya also refuted claims that Mohammed was linked to the gold or the alleged attempt to smuggle the gold. 

“I hereby confirm that I know Mr Ali Mohammad as a business investor and as a Zimbabwe Miners Federation business partner. I hereby further confirm and swear under oath that I am the owner of the 6kg of gold and it has nothing to do with Mr Ali Mohammad. 

“The gold was sorely mine and still remains mine and has nothing to do with Mr Ali Mohammad,” said Rushwaya in the affidavit tender by Mohammad in his application challenging his placement on remand. 

Mr Mambanje, in his ruling, noted that the State did not dispute the contents of Rushwaya’s affidavit leaving all his links to the case shattered. 

“The applicant was not at the airport. The gold was in possession of Rushwaya at Robert Gabriel Mugabe International Airport on October 26, 2020,” he said. 

The court also noted its ruling that Mohammed’s link to the smuggling case was based on common purpose. 

“It is this association that linked the accused to the case. There is no other link besides the said documents that the State said linked accused to the case. 

“The State has no other link besides the said documents. There is no other evidence or witness linking him to the gold. 

“The affidavit has not been controverted by the State. The significant of the affidavit was to demolish the link between the accused and link to the said gold and Rushwaya, which left the State’s allegations shattered and destroyed. 

“The court was left with no justification for further remanding the accused,” he said.