Court postpones sentencing of former Deputy Minist...

Court postpones sentencing of former Deputy Minister Terrence Mukupe involved in fuel fraud

**Former Finance and Economic Development Minister, Terrence Mukupe**

Michael Mashiri

The High Court has postponed the sentencing of former Finance and Economic Development Deputy Minister, Terrence Mukupe to November 16 at 8am.

Mukupe, Same Kapisoriso, Joseph Taderera and Leonard Mudzuto appeared in court before Justice Benjamin Chikowero accused of importing 138 979 litres of diesel without paying duty.

In a statement that was released by the National Prosecuting Authority, the imports were done on January 27, 2017, at Forbes Boarder Post.

“The accused persons misrepresented that the diesel was going to be offloaded in the Democratic Republic of Congo (DRC). Pursuant to their plan, they replaced the diesel with water in Zimbabwe.

“The matter came to light on the 30th of January 2017 when officials from the Zimbabwe Revenue Authority (ZIMRA) intercepted them at Chirundu One-Stop Border Post to verify the nature of the goods they were carrying,” reads part of the statement.

As a result, the State lost US$55 591.60 worth of fuel.

In his submissions, Tinashe Madondo, the lawyer representing the four accused said his clients were not in any position to commit a similar offence because they none of them had lived his life through criminal ways.

https://zimbabwenow.co.zw/articles/6919/breakthrough-in-justice-ex-minister-mukupe-convicted-in-fuel-fraud

“All 4 are first time offenders. None of them have been convicted therefore cannot be said to be hardened criminals or to have been behind a long running criminal enterprise. None of them gave been part of a criminal enterprise nor have they made their careers out of criminal activities. The first accused is a banker by profession, second and third are drivers.

“The offence was committed in 2017. Since then the 1st accused went on to become a deputy minister, is now a farmer and is involved in land development. The 3rd accused is now a business owner managing a fleet of his own trucks. The 4th accused no longer drives haulage trucks at all leaving only the 2nd accused who is manifestly different having become the father to five children. There is very little likelihood that they will be found to reoffend or have the propensity to re-offend. In some sense, they can be said to have been rehabilitated.”

He also went on to say that the four accused had already compensated the offence they were facing.

“Restitution was voluntarily made by the offenders. It is of great importance to note that a fine has already been paid in regards to the crime they have been found guilty of.

“Duty that Zimra was prejudiced has already been paid. In essence, Zimra which was prejudiced by the actions of the accused in the end suffers no prejudice as its money and dues were paid. The State was restituted of any and all of its money,” he added.

The State, through Whisper Mabhaudhi, said the court needed to deal with this kind of behaviour that was displayed by the four.

“This was a premeditated case where the 1st accused was involved since its inception.

“The 1st accused was a part of the legislature. The offence was committed in an area where he was meant to oversee. It was his mandate to see to it that the institution which he was to oversee would perform its duty to the letter. He was found wanting. This was not an offence which could be successfully committed by one person. The participation of accused 3 and 4 was necessary.

“Accused 2 to 3’s demeanor was consisted with the finding that their participation amounted to being involved. A prison term above the presumptive term is unavoidable. This kind of behaviour needs to be nipped in the bud,” said Mabhaudhi.