
GWERU miner and businessman Charles Simbi has filed an appeal at the High Court challenging both his conviction and sentence in a case in which he was facing a theft charge.
Simbi was being accused of stealing gold ore from Pretty Polly 33 Gold Mine.
The businessman argued that Gweru magistrate Arnold Maburo erred in convicting him.
“The court a quo erred in convicting appellant notwithstanding that his defence was not rebutted beyond reasonable doubt,” he submitted in his appeal.
Maburo last week fined Simbi US$500 to be paid by September 30 or he will spend six months in prison.
An additional 12 months was wholly suspended on condition of good behaviour.
The prosecution conceded during mitigation that witnesses had been inconsistent, especially in failing to corroborate the amount of gold ore as well as its value.
Simbi argued in his appeal that State witnesses’ material inconsistencies rendered their evidence inadmissible in court.
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Simbi is the director of Block 209 Gold Mine located in Guinea Fowl, Gweru adjacent to Pretty Polly 33 Gold Mine.