By A Correspondent| Lawyers representing two suspected drug dealers have pushed for their acquittal after an expert witness stated during cross-examination that crystal meth or simply mutoriro they were allegedly caught with is not a dangerous drug at law.
The two Prince Samuriwo and Humphrey Banda from Mufakose are accused of dealing in dangerous drugs and unlawful possession of dangerous drugs involving 83 grams of crystal methamphetamine and their lawyers Admire Rubaya and Malvern Mapako have applied for their release on the grounds that what they are charged with is not recognised at law.
The lawyers said this in their application for discharge at the close of the State’s case.
In the application, the lawyers argued that there is no case against the two, as an expert witness from the Zimbabwe Republic Police Forensic Science Laboratory, Andre w Makaza conceded during cross-examination that mutoriro is not a listed drug.
The witness also stated that its chemical composition is different to methylenedioxymethamphetamine which the State said is related to crystal meth.
“It is apparent that there are concessions made to the effect that the State has no valid charge at law against the accused person.
“The concession that crystal methamphetamine is not listed as a dangerous drug in terms of the law is a major blow to the state case. This resolves the matter because there is no longer a dispute between the parties. It is apparent that the state has dismally failed to adduce evidence to support the alleged fact that crystal methamphetamine is a dangerous drug in terms of the law,” the lawyers said.
It is also their argument that a drug can only be classified as a dangerous drug only in terms of the law and not because of public outcry.
They argued that prosecuting their clients based on something outside the law is contrary to law and the constitutional command resulting in the violationof the accused’s constitutionally entrenched rights.
“The state alleges that crystal methamphetamine that the accused was allegedly found in possession of is a dangerous drug yet there is no such drug listed in the relevant schedule to the Dangerous Drugs Act.
“A drug does not become a dangerous drug simply because the general populace, the State and/or politicians want it to be treated as a dangerous drug whose alleged possession is punishable in terms of the criminal law.
“A drug can only be dangerous in terms of the law if it is one which fits into the definition of a dangerous drug in terms of the law,” Rubaya argued.
The lawyers further argued that the State has failed to prove beyond doubt that crystal methamphetamine or simply mutoriro is a dangerous drug with the evidence of their expert witness dealing the case a blow.
They said whatever the State alleges falls, as it is outside the law.
“The law is not what it ought to be, it is what it is. If the State cannot proffer evidence that crystal Methamphetamine is a dangerous drug in terms of the Dangerous Drugs Act then there is no offence created.
“It is submitted that if crystal meth is not a scheduled drug, then the alleged conduct forming the basis of the charge being preferred against the accused person is not recognised in our law as a crime. “Therefore, the Accused’s alleged conduct being allegedly found with sachets of crystal meth is not proscribed by the law in Zimbabwe,” the lawyers argued.