THE State has appealed against the acquittal and subsequent release of K2.1 million to former Labour Minister Austin Liato after quashing his two years jail sentence slapped on him by the Magistrate’s Court.
Director of Public Prosecution (DPP) Mutembo Nchito in his appeal notice in the Supreme Court stated that the High Court erred in law when it held that to prove reasonable suspicion under Section 71(1), the prosecution had to show the link between the source of the money or the accused to possible criminal conduct.
Mr Nchito also indicated that the High Court erred in law when it held that under Section 71 (2) the prosecution needed to prove that the accused had knowlegde that the source of the money was as a result of criminal conduct.
He was charged with one count of being in possession of property suspected of being proceeds of crime contrary to section 71 (1) of the forfeiture of proceeds of crime Act number 19 of 2010.
Particulars allege that Liato on November 24, 2011 did possess and conceal money at his farm in Mwembweshi number L/ Mpamba/44 amounting to K2,1 million reasonably suspected to be proceeds of crime.
In a judgment by a panel of three High Court judges, Annie Sharpe Phiri, Mwiinde Siavwapa and Chalwe M’chenga said there was no evidence suggesting any unlawful origin of the money.
Liato was acquitted for being in possession of K 2.1 million on grounds that there was no evidence indicating the source of criminal activities.
“The DPP appeals to the Supreme Court against the order of the High Court where it set aside the conviction and quashed the sentence of Liato of the said offence, this appeal is against the acquittal on grounds that the High Court errored in law,” he said.
That the lower Court errored in law when it also held that the prosecutions’ burden of proof under section 71(1) was not discharged as the state failed to adduce evidence upon which an interference could be drawn that the money could reasonably be suspected to be proceeds of crime.
Mr Nchito stated that the high court also errored in law when it constituted section 71(1) of the Forfeiture of Proceeds of Crime Act in a manner that would render it impossible to give effect to the intention of the legislature taking into account the preamble to the said Act.
your time to repay the 14 million DBZ loan will surely come. enjoy now as you dine with the serpent in statehouse
The appeal was expected.
Good job DPP
Eish some PF ‘members’ are cruel……
How I wish we could all move on and develop the country in peace, joy, togetherness and happiness. Not in vengeance, bitterness and bloodthirst…..
Why concentrate on this? God, please change these peoples’ attitudes.
Tx
Matthew 7:5 (KJV)
5 Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother’s eye.
That’s my DPP. There is no hiding place for thieves and crooks. I am found with $15 million dollars today and cannot explain the source, it would only mean one think = dirty or stolen money. Drug dealers and money launderers must have celebrated the high court judgement that allowed Liato to keep money whose source he refused to explain to the magistrate by choosing to remain silent.
If a person is found dead in your house, it is not the state to prove that you murdered the person, especially if you choose to remain silent in court. Surely you owe the people an explanation / justification that you are not the murderer. How can we fight drug trafficking and money laundering if no one is required to explain to nobody the source of their drug money and corruptly obtained income?
This guy schizoid personality or what? How do you push that someone be prosecuted for a lesser crime than yours? Wonders never cease!
Mailoni nchito brothers you must first back to DBZ loan that you obtained dubiously
hehehe
Truly he is the worst DPP we have had since we got independence in Zambia. These Mailoni Mutembo Brothers must pay back what they owe the Zambians first before pursuing Liato. These guys and there cartel are legal criminals this govt have brought.
I may not be among the best in this area, but this appeal is ill-fated and an attempt to save face. The Supreme Court will definitely uphold the decision of the High Court. Surely, one does not have to be a super brainee to see that the DPP’s case is hollow in all respects!
Jehovah God is watching, there is time for everything. It might not be in this world today, it might be in the life to come. Life after death, what are going to tell God about the things that we do here on earth? are we genuine in our dealings or not? Is god going to say well done my faithful servant? Remember you are serving the people of Zambia and you need to be straight in your dealings, that is transparently with no hidden agendas.
But what,
Where is the money. Liato was given the money the same day he was acquitted is Nchito still thinking the money is still there after a month.
Then Liato is more dull than I had imagined.
The order from the High Court suggested that the state were free to appeal and only “after the appeal period has expired” can Liato be given his money back. Therefore the money is still with the Authorities….
DPP is right. This hippo must prove that the K2.1 was legitimate by production of receipts/invoices if from business deals or if it was a loan from bank by loan agreement with bank. If funds are from employment, there must be some letter detailing calculations of the separation package and proof of payment by the payer and proper tax paid. How much tax did this Liato pay to ZRA on this K2.1 million (2.1 billion kwacha old currency)?? If Liato can not prove these things then the charge of money suspected to be proceeds of crime is correct in my opinion.
Mike, you are very dull. It is not the job of the defendant to prove the money is his. It is the job of the prosecution to prove the money was illegally obtained; full stop
@8 Mike, The burden of proof in or legal system is on the prosecutors to prove that the money was indeed illegally obtained and not for Liato to prove that the money was legally obtained. The Prosecutors new this but they proceeded to build a case as if it was for the accused to prove his innocence and yet they should have known better that the opposite was true. They never where serious with the case from the onset. If they are serious they would have collaborated with ZRA for instance to because with teh tax authority the burden of proof required by them is lighter. Laito would have had to answer to ZRA why he did not declare the 2.1b as income for tax purposes. With ZRA involved they would have been able to build a stronger case on the source of funds being illegal means
@ Urine therapy. Your thinking is typical of a Zambian who has never been exposed to advanced economies. Go to the US or Europe and you will understand what I am talking about. Did you know that the piece of law you have just sited was changed by Chiluba to facilitate theft of our money – I mean tax payers money?
@blabla ..are you saying Mutembo did not invoke the ZRA Act in this matter? I do not think he can be that incompetent?? Mutembo should have known better that MMD under Chiluba changed the Law to make stealing easier – Chiluba did away with the SITET ACT.
you are even at pains to justify your puke.mutembo te ba lawyer he is just wasting public resources
MUTEMBO NCHITO IS THE WORST PROSECUTOR I HAVE HEARD OF IN THIS WORLD. HOW STRAIGHT FORWARD DOES HE NEED THE CASE TO BE IN ORDER TO SUCCESSFULLY PROSECUTE AND HAVE LIATO CONVICTED OF MONEY ROBBERY, LAUNDERING, AND ILLEGAL STOPPAGE OF MONEY CIRCULATION? SO FAR NO MMD THIEF HAVE BEEN CONVICTED- RB, THE TWO RB SONS, MATAKOMATAKO OR IS IT CILIA, ETC ALL ARE WALKING FREE DESPITE THE STRAIGHT FORWARDNESS OF THEIR CASES. THE GENERAL PUBLIC WANT AND NEED THEIR STOLEN MONEY BACK.
Mike just learn from this , never hire a lawyer with bad record like Nchito just like they say karma is a bitch so is Nchito what he still owes will haunt him and no success for him he has so much dirty and vengence which will catch up with him soon.
Mike save yourself from heart attack Nchito is very bad lawyer and his record not so
Good. Complete failure can’t win even an easy case.
Mike is right people you should not misdirect yourselves beacuse Nchito has to answer for his misdeeds but in all fairness. Is what Liato did right? The money could have come from China Guys for abrogating Zambian labour laws and he got some kickbacks to keep quiet and instructed the chines to shoot zambians if they were not happy with the bad conditions in which they were working. if the money was gunenly aquired it could have been kept in the bank but because it was not the only way to keep it is by burying it. so it all comes to moral issue as you comment on this case not what the law says. The law might be diffective as people who make the laws are the same thieves so they know how to protect themselve. All in All a man shall be judged according to his deeds.
This circus will never end why has he taken so long to appeal? Was he still consulting cj?
Our government is realy taking us nowhere imagine if all this nonsense they are doing were translated into developmental projects ngatwafika kwisa nge calo? Even Nchito wine if he had paid back the loan or arrested ngatwaba pesa nge calo? But all am seeing rubbish after rubbish.
The script is all written out, PF strategy anyone can guess the next steps. Enjoy DPP while you can as the K14million case will still wait for you.
Does Dpp has any witnesses who will prove that it was proceeds of crime?who is claiming that he or she corrupted liato?if none,then the case will not go anywhere.fullstop!!
The reason for the appeal is that Nchito has already invested the K2.1 bn in his businesses.Therefore, he is unable to pay back.Why is it that for the past 2 years,High court judgememts have been overruled by the Supreme court?Do the two courts use difference constitutions or what?
Matthew 7:5 (KJV)
5 Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother’s eye.
Why is the government appealing against all cases that they are losing in the High Court? It actually shows that the executive does not have confidence in the Judiciary. These appeals are lowering the prestige and dignity of the High Court.
@Mike, the prosecuting team must prove that the money was illegally obtained.
I have watched some crime stories on TV, even if the accused says that he did it, they will not prosecute him because of his confession, they will investigate till they prove that it was really him that did it: Thats’ called proof beyond any reasonable doubt!!!
Intention of Parley now becomes a ground of appeal. Mr. Nchito are you serious? That is criminsl law not interpretation of Statues. Zambians you need to take your dpp to ziale.
By Law the burden of proof lies on the prosecution and hence this appeal is dead in the water they have clearly failed to link to K2.1 billion to criminal sources hence this appeal is a waste to public resources and an attempt to save face by a very dull DPP who should know better