By A Correspondent
-A Gutu magistrate has directed police to hand back 40 crates of assorted alcohol and a liquor licence they seized from Mpandawana businessman Frederick Machinya last year.

Presiding over the matter last week, Magistrate Honest Musiiwa ruled against the Zimbabwe Republic Police over the September seizure.

Court papers show the alcohol was confiscated by Sergeant Owen Manjengwa. Machinya told the court that the officer allegedly asked for a US$10 bribe, and took the stock after he refused to pay.

Machinya, who was represented by Tinaishe Sabwa, has previously won similar disputes. In 2009 the High Court ruled in his favor after his assets were attached over a US$10 million claim, and he recovered everything.

In his latest ruling, Magistrate Musiiwa ordered police to return the consignment, which included Super Wine, pints and scuds. The scuds were however already past their expiry date. Machinya told the court he now intends to file a civil suit against Manjengwa personally to recover the value of the spoiled drinks.

Following the confiscation, Machinya was charged on two counts: insulting an officer and selling alcohol without a valid licence.

The court found that Machinya did in fact hold a valid licence at the time, meaning police had no legal grounds to seize the beer.

He was however convicted for undermining police authority. Machinya told the magistrate that it was Manjengwa who insulted him first, and that he had reported the matter to police but no action has been taken.