Court throws out drug case

HARAREThe Harare Magistrates Court has acquitted Hendrick ONeil who was facing charges of donating expired medical drugs to Movement for Democratic Change MP, Ian Kay.

The State has failed to prove its case beyond any reasonable doubt against the accused person. The accused is hereby found not guilty and acquitted on both counts, ruled Magistrate Don Ndirowei recently.

According to the State, led by Phyllis Zvenyika, ONeil received expired drugs without the approval of the Medicines Control Authority of Zimbabwe (MCAZ) in May 2010. The State had argued that MCAZ should have granted ONeil authority to receive the different drugs that had expired between October 2007 and April 2010 before accepting them. But David Hofisi, of Zimbabwe Lawyers for Human Rights, successfully represented ONeil who had entered a not guilty plea.

The items (medical drugs) were lawfully imported into Zimbabwe and were cleared by the Zimbabwe Department of Customs and Excise. They were imported into Zimbabwe with the knowledge and approval of the relevant Ministry, namely the Zimbabwe Ministry of Health and Child Welfare, argued Hofisi, adding that ONeil never intended to commit the offence the State was levelling against him.

The case dragged in Kay, whom the State accused of donating the said drugs to his constituency in Marondera after receiving them from ONeil.

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