Zondo, Busani

Busani Zondo was convicted in March 2008 of possession of an improperly obtained identity document with intent and received a sentence of ten months’ imprisonment.

The CCRC received an application for review of the conviction in August 2012.

Mr Zondo, a national of Zimbabwe, was arrested after arriving at Manchester International Airport with a false South African passport. Mr Zondo lodged a claim for asylum and admitted he had never had his own passport. He later pleaded guilty to an offence under the Identity Cards Act 2006.

In May 2013, the Asylum and Immigration Tribunal granted Mr Zondo asylum on the basis that he would face a risk of persecution on return to Zimbabwe.

Following review, the CCRC concluded that Mr Zondo had a statutory defence to the charge on which he was convicted available to him under section 31 of the Immigration and Asylum Act 1999.

The legal advice provided to Mr Zondo deprived him of that available defence. On the evidence available it was probable that the defence would have succeeded and, as a result, there was a real possibility that the Court of Appeal would set aside Mr Zondo’s guilty plea and conclude that in all the circumstances it should not uphold the conviction.

The CCRC referred the conviction in November 2013.

The Court of Appeal quashed the conviction in June 2014.