Henrietta Rushwaya says she wants her gold back since she says the State case against her is weak. The gold is worth US$333 000 and is being kept at Fidelity Printers and Refiners pending her trial.
She told Harare regional magistrate Mr Ngoni Nduna hat she had no intentions to smuggle the gold as alleged.
“The accused person (Rushwaya) denies all the charges. She denies she ever had an intention to smuggle gold outside the country.
The accused asserted this aspect on the day of her arrest to the arresting detail, Bruno Chiketo.
“She had no knowledge that the bag she had carried contained gold and that she was of the mistaken belief that the bag contained her clothes, food stuffs and other personal belongings. She states that she could not have been naive to bring gold through an airport which she fully knows has scientific detectors.
“She could have not expected freely without having been
detected especially in the manner it was not even concealed.
There is no mention or allegations that the first accused refused or attempted to dodge the scientific detectors for if she wanted she could have dodged that point because that would have been the pointed where she could be detected.
“The fact that there was gold in her bag at the airport on October 26 is therefore, common cause.
What is in dispute relates to her knowledge and in an offence of smuggling, possession and the State would be expected not only to prove the actus bares, but also knowledge, which is a critical element. Accused gave a plausible explanation.
“She does not dispute that at her house she had and was in possession of the gold, as she is a fully fledged miner in her own right having several mines she owns through her companies one of which is Realm Technologies which has grant No.6324 42 hectare within Mupfurudza Safari areas and in other areas.
It was not disputed by the State that she has a gold buying agents permit.
In respect of the smuggling matter, the State had approached the court with a full docket and not on Form 242 as could be seen from the witness who was not even aware of the status of the docket which was produced in court,” said her lawyer.