OH BOY

Police disgraced as Israeli pilot is acquitted over Zimbabwean gems‏
By Crime & Court Correspondent

Published: April 26, 2012

Comment

A Harare magistrate has acquitted an Israeli pilot Shmuel Kainan Klein, who was facing charges of smuggling 1.7 kilograms of diamonds which translates to 8,486 carats worth US$2 million, for lack of sufficient evidence, shaming the police officers who arrested the man.

Klein (58) was facing charges of unlawful possession of diamonds and contravening Section 12 (1) of the Immigration Act Chapter 4:02, which criminalises entry by evasion.

Israeli pilot is acquitted over Zim Diamonds
Handing down the ruling, the presiding magistrate, Mr Clever Tsikwa noted that all evidence presented before the court failed to prove that the accused was illegally in possession of the diamonds saying that the state had failed to prove its case beyond reasonable doubt and that it would be unfair to put the accused person to his defense in such circumstances.

“Accused’s defence remained intact and unshaken. To place the accused to his defense is to ask the accused to prosecute him and fill the yawning gap left by the state,” said Harare magistrate Clever Tsikwa in his ruling.

Klein was caught with the precious stone at Harare International Airport on 17 March intending to check-in on a South African Airways with the state arguing that the accused person did not have a licence to deal with diamonds.

The state alleges that Klein, who is employed by CAL airlines of Israel as a pilot instructor, wanted to leave the country on March 17 on a South African Airways airline wearing his pilot uniform with the diamonds.

However Tsikwa ruled that he was lawfully in possession of the gems as Klein managed to produce documents proving that he was a registered agent of Masri Diamonds Company based in Israel.

Klein’s lawyer, Jonathan Samukange, during the trial also stated that the police men who arrested his client stole 2,000 carats of diamonds.

While the Kimberly Process Certification team has given the country the green light to sell its diamonds, the country has witnessed a number of diamond smuggling cases with two Indians having been arrested previously in the possession of precious stones worth $2 million.

There are also unverified claims of some government officials belonging to the Zanu (PF) party being involved in the smuggling of Diamonds to some Asian countries. (ZIMBABWE, ZimEye)