NDOLA Chief Resident Magistrate Kelvin Limbani has put former Minister of Defence George Mpombo on his defence after finding him with a case to answer.
This is in a case in which Mpombo is charged with an offence of a dishonoured cheque.
In his ruling in the Ndola Magistrates Court yesterday, Mr Limbani said he had considered the evidence on record and found that the State had established a prima facie case against Mpombo in accordance with chapter 207 of the Criminal Procedure Code (CPC), which requires him to be put on his defence.
Mr Limbani said six witnesses testified in the case and that the State filed written submissions while the defence made oral ones.
Particulars of the offence are that Mpombo, on December 18, 2009 with intent to defraud, issued a cheque number 000014 worth K10 million to Colwyn Limited of Ndola on an insufficiently funded account, which rendered the cheque dishonoured.
[pullquote]“When I reached his place, I told him that the hydraulic system on both my tractors had packed up and I needed K10 million to sort out the hydraulic system because I was unable to spray the crop…..it was very, very urgent, absolutely urgent,” Mpombo said.[/pullquote]
During his examination-in-chief led by his lawyer Bonaventure Mutale, Mpombo said on December 10, 2009, he went to Mr Terence Findlay’s office after the latter invited him through a Mr Watson Katema Mutale.
He said Mr Findlay was excited to see him and asked him why he had resigned from his ministerial portfolio.
“When I reached his place, I told him that the hydraulic system on both my tractors had packed up and I needed K10 million to sort out the hydraulic system because I was unable to spray the crop…..it was very, very urgent, absolutely urgent,” Mpombo said.
He testified that Mr Findlay was sympathetic with him and agreed to lend him K10 million in exchange with a postdated cheque.
“I was given K10 million cash, we agreed that I will give him a post-dated cheque for K10 million. I issued the cheque and it was drawn on my account,” Mpombo said.
He testified that he issued a postdated cheque to Mr Findlay because his account had insufficient money at the time.
“I had to sort out the problem of selling animals at the farm and Mr Findlay was aware that my account had insufficient funds.
Notwithstanding this, he accepted the cheque,” Mpombo said.
He said he issued a postdated cheque to Mr Findlay, which was to be deposited on December 18, 2009, but that on December 17, 2009, he phoned Mr Findlay and told him not to proceed to deposit the cheque because he was mobilising funds.
Mpombo told the court that by December 17, 2009, he had mobilised K10 million and agreed with Mr Findlay that he could make the payment another day because the matter was not urgent.
“Mr Findlay told me that he was not pushing me and that I could make the payment another day. It is a blatant lie that he told me to deposit the money in Lusaka,” Mpombo said.
He denied allegations that he dishonestly issued the K10 million cheque to Mr Findlay with intent to defraud him.
During cross examination by prosecutor Lawrence Mudenda, Mpombo said he did not make arrangements with his bank to pay the K10 million to Mr Findlay in case the cheque was deposited.
He admitted that on December 18, 2009, he had K46,000 as available balance in his bank account and that the money could not cover the K10 million he owed Mr Findlay.
“Mr Findlay is my bapongoshi (son-in-law), he assured me that he would not deposit the cheque on December 18, 2009,” Mpombo said.
Mr Limbani set July 16, 2010 as the date on which he will deliver judgment. He ordered the State to make its written submissions on June 10, 2010 while the defence will make theirs on June 25, 2010.
[Zambia Daily Mail ]
He admitted that on December 18, 2009, he had K46,000 as available balance in his bank account and that the money could not cover the K10 million he owed Mr Findlay
This one is on his way to Prison unfortunately, another Bye election. He has lost everything in his life including the Kafulafuta seat. Too bad ba kulibonesha taa!!!!
Any sane person knows this was a setup to trap Mpombo.
Will the police inspector be a witness in court?
Mpombo will appeal and it will take 5 years to get to court.
Mpombo = MMD
Banda = UNIP
#4
if I m to follow your formula Mpombo has been in UNIP, UPND so he is UNIP
Ya yakosa Ba Mpombo. I think he will get a suspended sentence considering the fact that he has paid back the K10 milllion. Pa Zed former minsiter to jailed for $2000.
#4
Its not where you have been.
It is what you believe NOW.
Foolish Mpombo, how can you have K46,000 in your account and borrow 10 million. This man is really as shallow as i thought. Your friends in government to resign until they have saved enough, how can a former defense minster have 46 pin in the bank .
:d
It’s sad that even highly paid politicians have a culture of HAND TO MOUTH. Despite the huge salary and allowances Mpombo gets, he still maintains an insuffiently funded account and had to sell animals to sort out debts…. I am not surprised our farmers get loans every farming season and year by year. How shall we break this vicious ZED culture?
ANOTHER MMD HEADING FOR JAIL. WHAT IS WRONG WITH MMD? EVERYONE IS A THIEF.
Please mwinsho, concentrate on this case now than per suing Ba Banda. A ma bombastic words now should be in a legal language.
It’s hard to believe that a farmer and former top minister could at any given time have only K46,000 in his bank account. I know it is possible but as I have said, hard to believe.
i told you to stop insulting rb,will c if the post wil rescue now,6 months
mpombo mpombo mpombo walituka imfumu, so your presidential ambitions have been hit hard but i know you you are fearless and that you will soldier on shit cuts bullshit walks-zed politics uh huh?
This man is Dull. All this time He has been minister of Defence only to K46 000?? Atase !!!!!!!!!!!!!!
Mpombo seems to be on the right path to me !:-?
#16 which path…you mean a rotten path…
polical gimmick to threaten opponents .this was the groundwork of sole candidature foretold by the smooth criminal who has just been convited by courts HARRY POTTER wiz k.To pave way for the convertion to proceed smoothly and without being challenged.This guy is allergic to competitions as known by everyone.lets see who draws the winning card.The circus continues?:-w
Can any sane person say this joker is presidential material….shame!
People work up ! MMD has destroyed this country , please check Ndola, luanshya ,chingola, pemba ,lubwe,kasaba, katete,kalabo road ,chibuluma township in kalulushi and Tanzania road in livingstone you can cry these places look like we survived from civil war but they were nice places BEFORE MMD Chief Bootlicker ( Criminal) came in power .Let us work up ,learn from our brothers and sisters from mufumbwe come 2011 it is MAPATIZYA FORMULA.I we chi bootlicker ukachimona there in America you will come home on foot.
let him face the law from the other side of it….and this should act as a example for people like mulongoti and the rest of the NNC who are refusing to put up the law that will be fair from any angle govt and out
I can see Mpombo enjoying gay sex in the near future.
Ba Mpombo, bola yakosa…#22 BanaKizela, that’s cruel, very cruel!:o
# 17-what i mean is that i think it wasn`t his intention to cone findlay.He was just dead a.ss broke (46 pin naena) and he just realised that he had counted the chicken too early before hatching.:-?
Whatever the case-the issue is not about the cheque-it is about Mpombo against the Rulers-RB and MMD bootlickers-so sad for him to be put on his defence..I pray for a fair game by the judiciary–how does Findlay reduce himself to this,what kind of business are doing now Mr Findlay? Is this man a businessman?
It is you the very people encouraging politicans stealing by your own unkind words.however Mpombo misapplied most of his resources by pleasure.one time he and his……went to china after obtaining a huge imprest believing govt would foot his bills, however upon return he was told he needed to meet the expenses of his better…. other half. Literally it is said that he had accumulated so many loans such that when he resigned he walked away with nothing. He over drew his fuel entitlement and was asked to settle when he left government. There is a danger he could be in line for chimbokila in this case.
What childish talk over this story? I am amazed at the lack of seriousness of some contributors. Even if you want to lighten or brighten someone, there is some intelligence applied. Mpombo borrowed to invest in his tractors that developed a fault. He even called Findlay his friend telling him not to go ahead to deposit the cheque because the account had insufficient funds and Findlay told him to take his time as he was not in a hurry. The fact is that he told warned Findlay the account was not strong to support the cheque he issued. But his friend went ahead. Guys it is possible to have even zero in one’s account whether minister or billionaire. It could have been that his money was invested in some business. Let’s stop this childish play. Some of you are only moving with coins in yo…
#27 if mbombo and Findlay were friends who trust each other , there was no need of floating that cheque on an empty account.The trueth is there was some mistrust.that is why one failed to fulfil the promise.Good friends can forgo that 10 million Kwacha for the sake of a friend’s name.
I am surprised by pipo’s comments. In business you can even go to negative K20m guys come on be practical. You can be wealth but not liquid at the same time. You can borrow K10m and have assets worth billions. Everyone is looking for liquid cash to invest or enhance your property. If you ask salt from your friend/neighbour does it mean you are worth less a pinch of salts, Nb. Pipo be business minded, now wonder you bore us with your boasts about your tu hard earning jobs. See every business’ balance sheet you will see a section for liabilities there, short and long term. By the way George and Findley were (i don’t know now) friends. Findley is being used politically, to corner his friend. What pipo can do for power or when under pressure from some authority eishi i fear.
cant screw mpombo even in starvation from prison .His ass must be like his shit. Go rest in prison with ur bombastic words