A police drugs expert on Thursday admitted that the possession of crystal meth, popularly known in Zimbabwe as mutoriro, is not a crime as the drug is not listed as prohibited under the Dangerous Drugs Act.
Andrew Makaza, a drugs officer with the ZRP Forensic Science Laboratory said this as lawyers for two men arrested for possession of 83 grams of crystal methamphetamine applied to have the charges tossed out at the Harare Magistrates Court.
Makaza, who was called as an expert state witness, admitted under cross examination by defence lawyers Admire Rubaya and Malvern Mapako that the chemical composition of crystal meth is different to methylenedioxymethamphetamine, which is listed as a dangerous drug and which the prosecution argued 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 persons. 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,” Rubaya said.
“This resolves the matter because there is no longer a dispute between the parties. It is apparent that the state has failed to adduce evidence to support the alleged fact that crystal methamphetamine is a dangerous drug in terms of the law.”
While seeking discharge of their clients, the lawyers argued that a drug can only be classified as dangerous only in terms of the law and not because of public outcry.
“The state alleges that crystal methamphetamine that the accused were 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,” Rubaya argued.
“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.”
Prince Samuriwo and Humphrey Banda, both of Mufakose, are charged with dealing in and unlawful possession of dangerous drugs after being found with 83 grams of crystal methamphetamine. They have pleaded not guilty.
“The law is not what it ought to be, it is what it is,” said Rubaya. “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 of being allegedly found with sachets of crystal meth is not proscribed by the law in Zimbabwe,” he added.
The National Prosecuting Authority is yet to respond to the two men’s application for discharge.
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