Beruflich Dokumente
Kultur Dokumente
BETWEEN:
AND
JUDGMENT
Count 1
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
J7
Count 4
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu on 14th May 1998 at Lusaka, jointly and whilst
acting together with Dr. Frederick Jacob Titus Chiluba and
other persons unknown did steal US$50,000 on cheque no
4938, the property of the Government of the Republic of
Zambia.
Count 2
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
J8
Particulars of offence: Dr. Frederick Jacob Titus Chiluba
on 30th June 1998 at Lusaka being a person employed in
the Public Service, namely President of the Republic of
Zambia, jointly and whilst acting together with Faustin
Mwenya Kabwe, Aaron Chungu and other persons
unknown did steal US$125,000 on cheque No. 6119, the
property of the Government of the Republic of Zambia
which came into his possession by virtue of his
employment.
Count 5
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu, on 30th June 1998 at Lusaka, jointly and whilst
acting together with Dr. Frederick Jacob Titus Chiluba and
other persons unknown did steal US$125,000 on cheque
No. 6119, the property of the Government of the Republic
of Zambia.
Count 3
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
J9
Particulars of offence: Dr. Frederick Jacob Titus Chiluba,
on 22nd December, 1998 at Lusaka, being a person
employed in the Public Service, namely President of the
Republic of Zambia, jointly and whilst acting together with
Faustin Mwenya Kabwe, Aaron Chungu and other persons
unknown did steal US$148,030 cash the property of the
Government of the Republic of Zambia which came into his
possession by virtue of his employment.
Count 6
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu on 22nd December, 1998, at Lusaka, jointly and
whilst acting together with Dr. Frederick Jacob Titus
Chiluba and other persons unknown did steal US$148,030
cash, the property of the Government of the Republic of
Zambia.
Count 7
J10
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
Particulars of offence: Dr. Frederick Jacob Titus Chiluba
on dates unknown but between 17th August 1998 and 19th
August 1998 at Lusaka, being a person employed in the
public service, namely President of the Republic of Zambia,
jointly and whilst acting together with other persons
unknown did steal US$123,980.25 cash, the property of
the Government of the Republic of Zambia, which came
into his possession by virtue of his employment.
Count 8
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
Particulars of offence: Dr Frederick Jacob Titus Chiluba on
dates unknown but between 26th April 1999 and 28th April
1999 at Lusaka, being a person employed in the public
service namely President of the Republic of Zambia, jointly
and whilst acting together with other persons unknown did
steal US$27,906.48 cash the property of the Government
of the Republic of Zambia which came into his possession
by virtue of his employment.
J11
Count 9
Theft by Public Servant contrary to sections 272 and 277
of the Penal Code.
Count 10
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu on an unknown date but between 1st July 2000
and 31st July 2000 at Lusaka jointly and whilst acting
together with other persons unknown did steal
US$205,000 cash the property of the Government of the
Republic of Zambia.
Count 11
J12
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu, on an unknown date but between 16th January
2000 and 30th April 2000 at Lusaka, jointly and whilst
acting together with other persons unknown did steal
K25,000,000 cash the property of the Government of
Republic of Zambia.
Count 12
Theft contrary to section 272 of the Penal Code.
Particulars of offence: Faustin Mwenya Kabwe and Aaron
Chungu on a date unknown but between 1st April 2000
and 31st April 2000 at Lusaka, jointly and whilst acting
together with other persons unknown did steal
K43,000,000 cash the property of the Government of the
Republic of Zambia.
PW5 was Mr. Don Maila. At the time of his testimony the
witness was occupied as Managing Director for Celpay
(Zambia) limited. He testified however, that he had worked
for the AFSL from 1996 to 2002 as General Manager –
Management Consultancy Services.
J65
The witness replied that he did not search for other records
regarding the payment to E. Florence appearing in the
Zamin Client Account. He said that there was no evidence
of money paid to A1 or that A1 was a client of AFSL or that
he stole money from the AFSL.
Signed
VINCENT B. MALAMBO, MP
J80
ERIC S. SILWAMBA, MP
AND
FREDERICK JACOB TITUS CHILUBA Esquire”
Yours faithfully
J85
SHONGA STEEL LIMITED
(signed)
N.B. CHISASHI
CONTROLLER-PERSONNEL SERVICES.
Yours faithfully
(signed)
A. Chungu
Executive Director”
On the same day 15th May 1998 Messrs Cave Malik and
Company sent a letter to Messrs D.H. Kemp and Company
endclosing a cheque for US$ 50,000 payable to Standard
Chartered Bank Limited as per clause 8 of the special
conditions of the agreement which their client had duly
executed and they had witnessed.
Dear Sir,
re: SHONGA STEEL LTD-SALE OF S/D 84 OF
FARM NO. 441a ROMA TOWNSHIP, LUSAKA TO
ZAMDEALL LIMITED
Please refer to your fax letter dated 2nd instant.
Should you kindly peruse the documents sent by us,
you would note that Messrs I.B
Thoger Deall and Niels Deall had already transferred
their shares to ZAMDAELL International and
CHEETAH International and Access Financial Services
Limited. You would also notice that Messrs I S Thoger
and Niels Thoger resigned as Directors and new
Directors Messrs Faustin Mwenya Kabwe and Aaron
Chungu were appointed new Directors of Zamdaell
Limited.
Yours faithfully
CAVE MALIK AND COMPANY
(signed)
Per R.C. MITTAL”
On the same day Messrs D.H. Kemp and company sent
under cover of a letter documents by way of completion of
the sale.
Dear Sir,
Please expedite
Yours faithfully
The cash book shows that out of the amount received US$
31,000 was credited to an account called SYBLIS leaving
a balance of US$ 205,000 which was apportioned as
follows:-
Counts 2 and 5
Payment instruction No. 99 of 1998 dated 27th May,
1999 in the sum of US$ 250,000 for Wilbain
Incorporated.
Payment instruction NO. 98 of 1998 dated 27th May,
1998 in the sum of US$ 650,000 for Systems
Innovations.
Counts 3 and 6
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Payment instruction NO. 177 of 1998 dated 21st
October, 1998 in the sum of US$ 250,000 for
Wilbain Incorporated
Payment instruction No. 176 of 1998 dated 21st
October, 1998 in the sum of US$ 650,000 for
Systems Innovations.
Counts 7 and 8
Payment instruction No. 203 of 1998 dated 4th
December, 1998 in the sum of US$ 650,000 for
Systems Innovations
Payment instruction NO. 204 of 1998 dated 4th
December, 1998 for US$ 250,000 (in relation to
count 7 only) for Wilbain Incorporated
Payment instruction NO. 170 of 1999 dated 31st
August, 1999 in the sum of US$250,000 (in relation
to count 8 only) for Wilbain Incorporated
Payment instruction NO. 171 of 1999 dated 31st
August 1999 in the sum of US$ 750,000 (in relation
to count 8 only) for Systems Innovations
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Count 9
Payment instruction NO. 197 of 1999 dated 1st
October, 1999 in the sum of US$ 750,000 for
Systems Innovations.
Payment instruction NO. 198 of 1999 dated 1st
October, 1999 in the sum of US$ 250,000 for
Wilbain Incorporated.
Payment instruction NO. 227 of 1999 dated 29th
October, 1999 in the sum of US$ 750,000 for
Systems Innovations
Payment instruction NO. 228 of 1999 dated 29th
October, 1999 in the sum of US$ 250,000 for
Wilbain Incorporated.
Count 10
Payment instruction NO. 11 of 2000 dated 23rd June,
2000 in the sum of US$ 250,000 for Wilbain
Incorporated.
Payment instruction NO. 12 of 2000 dated 23rd June,
2000 in the sum of US$ 750,000 for Systems
Innovations.
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Payment instruction No. 38 OF 2000 dated 21st
June, 2000 in the sum of US$ 250,000 for Wilbain
Incorporated.
Payment instruction No. 39 of 2000 dated 21st June,
2000 in the sum of US$ 750,000 for Systems
Innovations.
Payment instruction NO. 55 of 2000 dated 23rd June,
2000 for Wilbain Incorporated.
Payment instruction NO. 56 of 2000 dated 23rd June,
2000 in the sum of US$ 750,000 for Systems
Innovation.
He said that his office was based on trust and that what he
may do may not be found appropriate by another Director
General. He said that each Director General came with his
own style. He said that he could form alliances with other
agencies, determine operational details and was ultimately
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answerable to the President. He said that were he used
money in the course of his work he should not be accused
of stealing it until he and the recipient had been talked to.
He stated that transactions that may appear suspicious or
questionable in the ordinary course of things may be
appropriate from the intelligence point of view.
The witness explained that the funds of the ZSIS were used
for administrative purposes and for operational purposes.
Funds for the former purpose were pre determinable while
those for the later could not be.
The witness finally stated that he was not ware that ZSIS
funds were misappropriated, that was why he (the ZSIS)
was not the complainant in this case. He was not aware of
any monies which any one of the three accused stole from
the service.
The witness stated that the ZSIS had an account with the
AFSL but that the account had nothing to do with the
personal expenses of the Director General and the
President.
The witness told the court that she was shown some
memos by officers of the Task Force on Corruption. She
identified five documents as the ones she was shown. She
said that the Access Finance Service Limited would
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instruct Meer Care and Desai to make payment on the
basis of the memos.
(signed)
X.F.CHUNGU
DIRECTOR GENERAL”
Dear Madam,
INTRODUCTORY LETTER
I am writing to introduce to you Mr. Reuben SAKALA, First
Secretary at the Zambia High Commission in London. He is
the second signatory to our account with your branch
Yours sincerely
(signed)
X.F. Chungu
DIRECTOR GENERAL”
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The Manager
National West
Minister Bank Plc
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International Banking (Centre) Your ref:
Kings Cross House Our ref:
IM/YK/3556
By Fax Date:
12th May, 1998
Dear Sir,
Please accept this letter as our instructions to remit by
telegraphic transfer, the sum of US$242,484
beneficiary to pay all costs and charges, as follows:
MI Meer N. Desai”
The foregoing letter bore no other writings. The
second pair of letters comprises a handwritten letter
and a letter from Meer Care and Desai as follows.
“MR IGBAL MEER
MEER CARE & DESAI
LONDON
Dear Iqbal,
Further to our conversation this afternoon please
arrange to transfer the sum of $160,000 recently
received by you to Access Financial Services Limited
as per remittance details previously provided.
Thank you.
(Signed)
F.M. Kabwe
18th June, 1998”.
Meer Care and Desai wrote to their bank as follows
(omitting the addresses which are the same as in the
previous letter).
“Dear Sir,
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Please accept this letter as our instructions to remit, by
telegraphic transfer, the sum of US$160,000 as
follows.
Beneficiary: United Bank of Zambia.
For further Credit: Access Financial Services–
Ltd Zambia.
Bank details: Citibank N.A.
111 Wall Street
New York
10043 N.Y.
Account number: 36125729
Remitter: Meer Care & Desai.
Please debit our US dollar account number 02507404
for the above remittance, together with all costs and
charges incurred thereto.
(Signed) (Signed)
MI Meer N. Desai”
The third pair comprises a handwritten note followed
by instructions from Meer Care and Desai to their
bank as follows:
“Dear Mr. Meer.
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This will serve to confirm my verbal instructions to you
to send the sum of US$150,000 to Access Financial
Services Limited from their account with you.
Thank you as always.
(Signed)
F.M. Kabwe
11/12/98”
Meer Care and Desai instructed their bank as follows:
“Dear Sir,
Please accept this letter as our instructions to remit, by
telegraphic transfer, the sum of US$150,000 as
follows:
Bank Details: Citibank N.A.
111 Wall Street
New York
10043 N.Y.
Account number: 361255729
Beneficiary: United Bank of Zambia.
For further Credit: Access Financial Services Ltd –
Zambia.
Remitter: Meer Care and Desai.
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Please debit our US dollar account number 02507404
for the above remittance together with Nat West costs
and charges incurred thereto
Yours faithfully,
(signed) (Signed)
MI Meer N. Desai”
The fourth pair comprise a typed facsimile message
on an AFSL letter head to Meer Care and Desai and
an instruction by the latter to their bank as follows:
“Date: December, 2, 1999
To: Mr. I. Meer – Meer Care and Desai
From: F.M. Kabwe.
Subject: Funds transfer.
Dear Iqbal
Please remit the US200,000 received for Access
Financial Services to the Access account at United
Bank of Zambia through the usual transfer channels.
Thank you and best regards.
(Signed)”
J160
Meer Care and Desai wrote:
“Dear Sir,
Please accept this letter as our instruction to remit by
telegraphic transfer, the sum of US$200,000 as
follows:-
Bank: Citibank N.A.
111 Wall Street
New York
10043 N.Y.
Account number: 36125729
Beneficiary: United Bank of Zambia.
For further Credit: Access Financial Services Ltd –
Zambia.
Remitter: Meer Care and Desai.
Please debit our US Dollars account number
02507404 for the above remittance together with Nat
West costs and charges incurred thereto.
Yours faithfully,
(Signed) (Signed)
MI Meer N. Desai”
The fifth and last pair of correspondence comprises a
handwritten letter on an AFSL letter head and an
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instruction from Meer Care and Desai to their bank
as follows:
“July, 10, 2000
Dear Mr. Meer,
Please effect the following payment request on behalf
of your clients:-
Amount:
US$236,000 (two
hundred thirty six
thousand)
TOTAL $236,000
Yours faithfully,
(Signed) (Signed)
MI Meer N. Desai.”
J163
The witness also produced a statement of the AFSL
Account with Meer Care and Desai maintained by the
latter. The transactions in the foregoing correspondences
is reflected in the statement (which is titled MATTER
LEDGER) except for the July, 1999 remittance of
US$236,000. The statement itself opens on 6th February,
1998 and closes on 6th June, 2002.
The witness replied that once the funds were moved from
Natwest Bank to the United Bank of Zambia, AFSL became
the special owner of them.
Like PW3 and PW6, PW31 was clearly related to the Task
Force, the prosecutor of this case. As such he appears to
have fallen foul of the passage I quoted from Blackstone’s
Criminal Practice, 2002 at paragraph F10.1 above.
However, I am reminded of the observations by the
State in their submissions that there are many cases in
which experts may be related to the prosecutor such as
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ballistics experts forensic experts, firearms experts,
handwriting experts and pathologists all employed by the
State and specifically in the case of handwriting experts,
by the Police Service which itself conducts prosecutions
through the Director of Public Prosecutions. If the
principle adumbrated in the passage was applied to the
letter it would mean that the testimony of all the experts I
have listed would be excluded. I do not think that is the
intention of the law. In my view the critical question
revolves around the independence of the expert when
giving his expert opinion. A court should therefore look for
and exclude such part of his testimony which is manifestly
biased or which clearly shows that the relationship enjoyed
between the expert and his employer has affected his
testimony so as to be unduly unfavourable to the accused.
On the same day, 24th June, 1998, Messrs Cave Malik and
Company addressed a letter to the Executive Director of
the AFSL (A3) to “arrange” a cheque to pay the balance of
US$125,000 for the Roma property. The letter has
endorsements such as “SM-please pay Monday”, “….
please pay and debit Zamdael account 26/6/98”. Two
other endorsements simply said “pay” with the dates
“28/6/98”. On 8th July, 1998 the AFSL account at UBZ
was debited with the sum of US$125,000 in favour of
Messrs D.H. Kemp who were acting for the vendors of the
Roma property, Shonga Steel.
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The witness formed the view that the sum of K25 million
and K43 million were part of the US$1,000,000 credited to
the Zamtrop account from the Ministry of Finance.
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My review of the evidence above has shown that going by
PW31’s tracing work the US$200,000 attributed to the
Zamtrop account can be followed only up to the sum of
K460,791,572.59 in the DGH London account were it
peters out. There is clearly no connection between that
amount and the sum of K607,791,572.59 whose source is
not explained. It is highly improbable on the evidence that
PW31’s conclusion can be justified.
The witness conceded that Mr. Chungu may have used the
money from private sources for his operations and to pay
private individuals. He stated that money from private
sources commingled with that from the Ministry of
Finance. He insisted, however, that the monies in the
charges came from the Ministry of Finance. He said that
he did not reconcile the monies from third party sources
and the monies from the Ministry of Finance. He said that
it was not necessary because the scope of his work was
limited to what the investigating officers asked of him.
The witness stated that the ZSIS was a client of the ASFL.
He said that he spoke to the Director General of the ZSIS
(Mr. Xavier Chungu) who did not tell him everything. He
concluded that ZSIS funds which are Government funds
had been stolen. He said, however, that the ZSIS did not
complain about any loss of its funds at the AFSL. He said
that the Director General was the person who should
explain the transactions.
The last witness for the prosecution PW35 was Mr. Friday
Tembo also a Senior Investigations Officer at the Anti
Corruption Commission. The witness stated that he was
seconded to the Task Force on Corruption and investigated
the offences in counts ten, eleven and twelve relating to A2
and A3 who allegedly stole the sums of US$205, 000 from
the Zamtrop Account and K25 million and K43 million
from the Zamin Account. He collected documents
pertaining to the transactions and interviewed relevant
witnesses. He arrested and charged the duo for the three
offences.
A2 stated that the AFSL also paid on behalf of the ZSIS for
farm properties sold by the ZNCB and the purchase of the
ZSIS equity in DGH Poly Products Limited. There are
varied other payments which A2 stated were made by the
AFSL on behalf of the ZSIS recorded on the Zamin
statement. He stated that although he was the Chief
Executive Officer of the Company he did not personally
participate in many of these transactions and that other
officers of the Company notably A3 and Mr. Sebastian
Mathew the General Manager, Mr. Don Maila, Head of
Consultancy and Mr. Enock Mwale (PW10) handled the
transactions in the ordinary course of the company’s
business arising from the proper instructions of the client.
He said that the Zamin statements cover the period 1998
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to 2002 because that is the period officers investigating the
matter from the Task Force on corruption requested
officers of the AFSL to account for. He said that as such
transactions that occurred before that period are not
covered.
A2 repeated also that the ZSIS, Meer Care and Desai and
AFSL transactions were done officially. He said that the
responsibility to inform PW19, the successor Director
General, of the level of the ZSIS operations and its
involvement with the AFSL lay with Mr. Chungu and other
knowledgeable members of the ZSIS. He did, however,
inform PW19 of his organization’s indebtedness to the
AFSL and the desire to continue the relationship cultivated
during Mr. Chungu’s tenure. He said that the purchase of
the Kalundu property through Assurance Properties
Limited confirms that the ZSIS used private individuals
and entities for some of its investments.
As stated that his shares were issued in May 1997 and his
share capital account was debited.
The next witness for the defence was DW4, Miss Doris
Nambela who gave her occupation as Master of the
Supreme Court.
DW5 was Mr. Isaac Chilanga who stated that he was the
Chief Investigations Officer at the Anti Corruption
Commission. He stated that he was attached to the Task
Force on Corruption from 2002 to August 2004 and that
he participated in the investigations pertaining to the
present charges.
He knew that the ZSIS was renting property from the AFSL
in Kabulonga and rent was being paid.
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He stated that he was familiar with the Financial
Regulations and that the controlling officer could permit an
officer to keep personal money in a Government account.
She gave evidence that the controlling officer for the ZSIS
funds was the Director General himself. She said that
there were two types of expenditure voted for the ZSIS,
that is funds for the normal day to day running of the
institution and funds for operations. She stated that in
respect of the funds for the running of the ZSIS her officers
do go in, audit and they issue a report for public
consumption. In respect of funds for operations these are
audited personally by her with two of her directors and the
audit is reported to the President and the Director General.
She said that the foregoing was required under the
Zambian Constitution the (Public) Audit Act and the
Finance Charter.
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She said that PW31 was not one of her accounting officers.
She said, however, that the office of Financial Analysis and
forensic Audit appears to have been created within the
Task Force and since the Task Force got funding from
Government it was part of Government. She said in the
same breath that the Zamtrop Account in her
understanding was being used by the ZSIS for their
operations. She said that the audit by the Task Force
should normally have been done by her office and the
office would have to decide what action to take if anything
was found to be amiss. Her role ends with the report to
the President. She said that she had seen a document
where her predecessor had carried out an audit of the
Zamtrop Account.
DW7 was cross – examined and she said that her office
could not complain since it was the owners of the money
(those in charge of the money as I understood her to be
saying) who should take steps to secure it.
She replied that were her office had carried out a forensic
audit and discovered fraud, theft or money laundering, this
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is reported to the Anti Corruption Commission (ACC),
Police or the Drug Enforcement Commission (DEC) as the
case may be who may carry out further investigations and
bring the culprits to book.
DW12, who was the last witness, was the Attorney General
for the Republic of Zambia, Mr. Mumba Malila. He was
called to produce a document that constituted the Task
Force on Corruption. The Witness stated that there was
no such single document. He said that the entity was an
administrative collection of experts from the Zambia Police
Service, the Drug Enforcement Commission, the Anti
Corruption Commission, the ZSIS, the Bank of Zambia and
the Auditor General’s office under the superintendence of
J259
the Director of Public Prosecutions (D.P.P). These experts
constituted the Task Force on corruption and were
allocated cases to investigate which were both novel and
sophisticated. The prosecution function was equally
assigned to suitably qualified individuals from the private
sector who were appointed by the D.P.P.
The defence closed their case and this concluded the whole
of the evidence in this case. In my review of the evidence.
I endeavoured to bring out the substance of the testimony
but do realise some of it was surplussage. In any event I
am able to and will base my decision on the foregoing. I
should mention here that I had written in excess of 3500
J260
pages during this trial much of it containing the evidence
of the witnesses. I will now make my findings of fact.
THE LAW
I had discussed at the beginning of the judgment the
ingredients that the prosecution have to establish in order
to prove the guilty of each one of the accused persons on
each one of the offences charged.
Finally, though not least, in count 12, I did find that the
K43 million was not traced to the US$200,000 which came
from the Zamtrop Account to Meer Care and Desai. The
ingredients of the offence of Theft were not established.
Like the case in count 11, however, and bearing in mind
that the two sums of money were alleged to originate from
the same amount of money, and that the K43 million was
also paid for Accused 3’s shares this time in Pukupan; and
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further that both A2 and A3 failed to explain how A3 paid
for the shares I consider that this is a proper case for
invoking section 188 (c) of the Criminal Procedure Code as
well so that I enter an alternative verdict for the offence of
being in possession of Money reasonably suspected to have
been stolen or unlawfully obtained contrary to section 319
(a) of the Penal Code.
VERDICTS
Having considered the evidence in the manner that I have
done I am satisfied that the prosecution failed to prove the
guilt of each one of the three accused persons beyond all
reasonable doubt for the offence of theft contrary to section
272 of the Penal code charged and the following are my
verdicts.
Count 1
Accused 1 – Not Guilty and is acquitted forthwith.
Count 2
Accused 1 – Not Guilty and is acquitted forthwith.
Count 3
Accused 1 – Not guilty and is acquitted forthwith.
J287
Count 4
Accused 2 – Not Guilty and is acquitted forthwith.
Accused 3 – Not Guilty and is acquitted forthwith.
Count 5
Accused 2 – Not guilty and is acquitted forthwith.
Accused 3 – Not guilty and is acquitted forthwith.
Count 6
Accused 2 – Not Guilty and is acquitted forthwith.
Accused 3 – Not Guilty and is acquitted forthwith.
Count 7
Accused 1 – Not guilty and is acquitted forthwith.
Count 8
Accused 1 – Not Guilty and is acquitted forthwith.
Count 9
Accused 1 – Not Guilty and is acquitted forthwith.
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I am, however, satisfied that the prosecution have proved
beyond reasonable doubt the guilt of A2 and A3 for the
offence of Theft contrary to section 272 of the Penal code
charged in count 10 and for the offence of Being in
Possession of Money Reasonably Suspected to have been
stolen or unlawfully obtained contrary to section 319 (a) of
the Penal Code charged in counts 11 and 12 and I enter
the following verdicts.
Count 10
Accused 2 – Guilty and is convicted of the offence of theft
contrary to section 272 of the Penal Code.
Accused 3 – guilty and is convicted of the offence of theft
contrary to section 272 of the Penal Code.
Count 11
Accused 2 – Guilty and is convicted of the offence of being
in possession of money reasonably suspected to have been
stolen or unlawfully obtained contrary to section 319 (a) of
the Penal Code.
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Accused 3 – guilty and is convicted of the offence of being
in possession of money reasonably suspected to have been
stolen or unlawfully obtained contrary to section 319 (a) of
the Penal Code.
Count 12
Accused 2 – guilty and is convicted of the offence of being
in possession of money reasonably suspected to have been
stolen or unlawfully obtained contrary to section 319 (a) of
the Penal Code.
JONES CHINYAMA
PRINCIPAL RESINDENT MAGISTRATE
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