who had been handed a five-year jail term, before the court set
aside three years on condition of good behaviour, was freed after his
lawyer successfully applied for his bail pending appeal. He was freed
on US$200 bail.
Kondo’s workmate, Fenia Aisam, had been slapped
with a three year jail term which was wholly set aside on condition of
good behaviour. Kondo and Aisam are both appealing against conviction
and sentence.
In the notice of appeal, their lawyer submitted
that the magistrate had erred and misdirected herself in that she
failed or neglected to consider the totality of the evidence before
her.
“She failed to consider issues such as the lapse of time
between the alleged occurrences and the time that the report was made
to the police. She failed to recognise the inconsistenAustralian
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“She
failed to consider that there was a possibility of collusion
especially in light of the fact that the state witnesses were members
of the same household and a foreigner with a vested interest in the
conviction of the immigration officers.
“Furthermore the
jewellery itself and its valuation were never put into evidence. The
Honourable Magistrate misdirected herself in that she accepted
irrelevant and inadmissible evidence such as third and fourth state
witnesses’ who did not witness the incident and as such their evidence
was neither relevant nor corroborative as it was hearsay,” submitted
Kondo and Aisam’s lawyer.
It had been proved that they had
threatened the man with deportation so as to cover up for the theft of
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They
threatened Zohaib Shabbier, the complainant’s son, with deportation
after stealing the property during a search at Muhammad Shabbier’s
residence in Ridgeveiw, Harare.
The court heard that on October 31, the two officers visited house number 9 Heron Drive,We are always offering best quality tungsten jewelry the affordable price. New Ridgeveiw investigating allegations that Shabbier was engaged in human trafficking.
Upon arrival at the place they failed to locate Shabbier and were advised by his son that he had gone to Pakistan.
The
court heard that Kondo and Aisam requested to see the complainant’s
son’s passport which was shown to them after which they also requested
to see the complainant’s two brother- in-law’s passports and were
given.
Later they again requested to see the other
complainant’s son’s passports and Zohaib proceeded to unlock his
bedroom locker where he took out an ice cream lunch-box which contained
the passport, US$25 000 cash, ten small gold bangles, two large
bangles, one gold earring and one gold necklace.
Kondo and Aisam
then bundled the whole family into their car and drove them to their
offices at Liquenda House where they ordered the family to get into
their offices but left the lunch box in the car.
When Zohaib
called his lawyer, the family was released but when they enquired about
the property they were threatened with deportation.Shop the latest hair flower accessories on the world's largest.
Zohaib
contacted his father in Pakistan, who then returned and reported the
matter to the police, leading to the pair’s arrest but nothing was
recovered.
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