A CHINESE man is on the run after a clearing agent, who tried to facilitate the smuggling of five rhinoceros horns valued US$360 000 hidden in an Owl hardened plastic sculpture to China, was arrested recently.
Cuthbert Maoko was recently granted bail at the High Court, while Lin Wang, who is alleged to be the owner of the horns, has allegedly disappeared.
High Court judge Justice Regis Dembure granted Maoko, who is facing a charge of unlawful possession of five pieces of horns in contravention of section 45(1) of the Parks and Wildlife Act, US$100 bail.
Maoko initially appeared at the Harare magistrates’ court and was referred to the High Court for bail application.
He is a clearing agent at the Robert Gabriel Mugabe International Airport.
It is the State’s case that on September 12 this year, Maoko went to the Aviation Services at the airport while holding a 30kg owl hardened plastic sculpture intending to facilitate its shipment to China.
It is alleged that the security officials observed that Maoko was holding a suspicious parcel and alerted relevant officials.
Maoko was then intercepted by the police officers, Zimbabwe Revenue Authority (Zimra) and AGS officials who physically examined the sculpture.
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The parcel was taken for scanning and it was revealed that the image was not consistent with the declaration made and the sculpture was taken into the custody of Zimra.
Maoko, on November 20 this year, was ordered to break the sculpture in the presence of the officials and it was discovered that the hardened plastic sculpture had five pieces of rhino horns which were wrapped in a newspaper and transparent plastic.
He was then asked to produce a permit but failed leading to his arrest.
Maoko, however, denied the charges arguing that he was simply clearing a shipment for Lin Wang.
He submitted that he did not know that there were rhino horns in the declared bills of export.
The State, however, opposed bail arguing that there are compelling reasons justifying the continued detention of the applicant.
Maoko, however, argued that he was a good candidate for bail saying he is of fixed abode and has interests in the country.
He said Lin Wang was a regular client and had provided the authorities with his information saying agents do not verify addresses written on parcels by clients.
The State, however, indicated that Maoko was part of an international syndicate involved in such crimes.
The State alleged that the Chinese national is not known as Maoko supplied different names and efforts to prove his identity have been unsuccessful.
It is further argued that Maoko was the only one connected to the rhino horns.
However, Justice Dembure said it was not in dispute that Maoko did not attempt to flee but remained available attending to his daily duties at the airport, adding that such conduct supported his submission that he was not a flight risk.
“The applicant demonstrated exemplary conduct and, in my view, there can be no reasonable possibility of him absconding trial in these circumstances.
“There was no evidence submitted that the applicant has any connections to any international syndicate involved in the smuggling of rhino horns.
“The claim by the state counsel that he is part of an international syndicate and has connections outside the country remained simply bald assertions.”
The judge said Maoko had shown strong links to Zimbabwe and even attached an affidavit from his wife confirming that he is a family man.
“A clearing agent merely facilitates the exportation of the principal’s product and there is no requirement under the law of agency that the agent must always physically check and verify every physical address his principal declares as his business or residential address.
“Court processes must be taken seriously otherwise the proper functioning of the system of administration of justice will be undermined.
“The applicant has managed to show on a balance of probabilities that he is a good candidate for bail. It is not in the interests of justice that he remains in custody pending trial. There are no compelling reasons to deny him bail,” Justice Dembure said.
