Ali Mohamad

Rushwaya was busted while attempting to smuggle 6kg of gold to Dubai through the Robert Gabriel Mugabe International Airport on 26 October 2020 and has gone on to implicate Mohamad as the owner of the loot.

Her case saw the subsequent arrest of some senior police officers and intelligence operatives amid signs it was a syndicate. Whilst challenging his client's placement on remand, Mohamad's lawyer said:

“None of the accused persons implicated Mohamad and nothing was recovered from him linked to the offence despite several searches. My client buys gold for Fidelity Printers and exports it for the same, how could he smuggle it with such a legitimate business!”

An invoice with Mohamad's name was allegedly found amongst Rushwaya's possessions.^[1] Muhamad was released on $100 000 bail.^[2]

Passport Release

Mohamad's passport was temporarily released on March 8, 2021, to allow him to travel to South Africa for an investors’ meeting. Ngoni Nduna ordered the temporary release of the passport until March 31, 2021.

Nduna also temporarily scrapped Mohamad's police reporting conditions during the period he will be in South Africa.

Ali Mohamad, through his lawyer Mr Admire Rubaya, had applied for the release of the passport and had paid an additional $2million from the $100 000 that he had initially deposited as bail. He also deposited additional title deeds to his two properties in Crowhill Estate in Harare.

In his application, Rubaya told the court that Mohamad intended to increase his investment in Zimbabwe and also lure other investors into the country. Appearing for the State, Charles Muchemwa, opposed the application saying the businessman wanted to find a way of evading prosecution on charges he was facing. He said Mohamad was prepared to forego the properties he deposited as surety and return to Pakistan.^[3]

Remand Challenge

In June 2021, Ali Mohamad applied for revocation of his placement on remand arguing there was no evidence from police investigations linking him to the offence.

In his application prepared by his lawyer Mr Admire Rubaya, Mohamad claimed that the police did not enquire from him if the information they had in relation to the gold smuggling allegations was correct.

He said he could no longer be placed on remand considering that there was no evidence linking him to the unlawful possession of gold and smuggling charge.

In an affidavit attached to the application, Mohamad said there was clear evidence that proved that the documents which the State alleged linked him to the smuggling attempt by Rushwaya, were fake.

Mohamad said Rushwaya denied being found in possession of the gold that the State claims linked him to the gold forming their offence.^[4]

He said Rushwaya had already deposed an affidavit confirming that he had nothing to do with the gold in question.

Ali Mohamad was freed after the court upheld his application for revocation of placement on remand on smuggling and unlawful possession of gold.

Harare regional magistrate Stanford Mambanje upheld his application on the basis that his co-accused, Henrietta Rushwaya, had exonerated him through an affidavit tendered during his application.

In the affidavit, Rushwaya took sole ownership of the 6kg gold saying Mohammed had nothing to do with it.

Rushwaya also refuted claims that Mohammed was linked to the gold or the alleged attempt to smuggle the gold. Part of the affidavit read:

“I hereby confirm that I know Mr Ali Mohammad as a business investor and as a Zimbabwe Miners Federation business partner. I hereby further confirm and swear under oath that I am the owner of the 6kg of gold and it has nothing to do with Mr Ali Mohammad. The gold was sorely mine and still remains mine and has nothing to do with Mr Ali Mohammad."

^[5]

References