FORMER Finance deputy minister Terrence Mukupe was yesterday sentenced to three and half years in prison for fraud.
Mukupe, accused of smuggling 138 979 litres of diesel, was also fined US$12 780 or two years in jail.
High Court judge Justice Benjamin Chikowero suspended six months on condition of good behaviour.
Mukupe’s accomplices Same Kapisoriso, Joseph Taderera and Leonard Mudzuto were handed similar sentences.
Chikowero ruled that the convicts acted in connivance to smuggle diesel, sell it on the local market before filling the tankers with water before driving to Chirundu Border Post.
In mitigation, the judge considered that Mukupe has 10 children and 102 employees.
Chikowero, however, did not hide his surprise over why it took seven years to bring the case to trial.
"It was an inordinate delay for the matter to come to trial and its now seven years. Nobody has explained the delay although the matter is simple and straightforward. The sentence they would have received at that time would have been different as of now,” the judge said.
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"Although the Zimbabwe Revenue Authority (Zimra) managed to recover its duty, the accused cannot take credit for paying the duty later because the offence was already executed in detail.”
The judge said Mukupe benefited from the offence because Zimra did not recover the diesel except the duty.
"The diesel was not for personal use, but for selling. The offence was committed by an organised syndicate and organised criminals do not respect the borders of any country. This offence tainted Zimra as a corrupt institution.”
The State, represented by Wisper Mabhaudi and Lovet Masuku, summoned a Zimra official, Washington Taringa, to explain the prejudice suffered by the State as a result of the offence.
Taringa said transit fraud cost Zimra potential revenue.
The court heard that on January 27, 2017 at Forbes Border Post in Mutare, the four conspired to unlawfully import diesel without paying duty. They misrepresented that the diesel was going to be offloaded in the Democratic Republic of Congo.
Pursuant to their plan, they replaced the diesel with water in Zimbabwe. The matter came to light on January 30, 2017 when officials from Zimra intercepted the tankers at Chirundu One Stop Border Post to verify the nature of the goods they were carrying.
The State said the accused persons prejudiced the State of US$55 591,60.
