Online Reporter
Zvikomborero Parafini
A TOP Harare doctor, who was accused of dealing in dangerous drugs, is now a FREE MAN after the case collapsed at the Harare Magistrates’ Court yesterday.
Dr Tanaka Chimuka, whose reputation took a pounding during the course of the trial, was a relieved man yesterday when the case against him collapsed.
He has always maintained his innocence.
The presiding magistrate freed him, and his accomplices, Tapiwa Matebuka, who is a nurse, and pharmacist Sam Chasaya, at the close of the State case.
The trio was alleged to have been implicated in an illegal drugs scandal, involving pethidine.
They were arrested by detectives from CID Drugs after an informant falsely claimed they were involved in the drugs scandal.
The tip-off was received from one Osla Mupamhanga, a biker, who claimed he was on his way to deliver the drugs, 40x100mgs pethidine solution and 40 injection needles.
At the start of the trial, the three argued that they were members of the medical industry and were authorised to administer, possess and supply drugs like pethidine.
However, the State insisted on prosecuting them but failed to lead incriminating evidence that the trio was dealing in the drugs.
It resulted in the collapse of their case after magistrate Ruth Moyo granted the trio’s application for discharge.
This follows the failure by the State to have the recovered drugs produced in court as exhibits.
The State also failed to have Mupamhanga testify in court to confirm whether he had been sent by the trio or not.
In their application for discharge the trio, represented by Admire Rubaya, Stephen Chikotora and Malvern Mapako, described the prosecution as “a classical failed fishing expedition where the State has failed to even catch a small tadpole.”
They argued that the State had failed to lead anything incriminating against them and had also failed to prove that pethidine was a dangerous drug at law.
It was their argument that the State failed to prove the drug was pethidine and did not lead any expert evidence to support that the recovered items were indeed pethidine.
“The State was obliged to prove that the alleged drug was pethidine in the first place.
“The State failed to produce the said drug into evidence and failed to prove that the subject matter was a dangerous drug called pethidine,” their lawyers argued.
The trio also argued that they were never arrested in possession of the alleged drugs but only through implication by a person who was never arrested.
