By NATION REPORTER
A WITNESS has testified in the Lusaka Magistrate Court that the law firm, Nchito and Nchito Advocates were paid a total sum of K1.5m from funds drawn from Ultimate Insurance Company.
Ryan Tambwa Kalunga from ABSA Bank Zambia, told the magistrate court that bank records showed that the law firm was paid K1.5 million.
He said the payments were drawn from a US dollar account held at the bank by Ultimate Insurance Company.
This in the case where Marshlands Directors, Tobias Milambo, Nachi Musonda and Richard Lubemba are appearing in the Court facing 16 counts of forgeries and fraud.
The matter will resume on Tuesday for continued trial.
Kalunga told Lusaka magistrate, Alice Walusiku during continued trial yesterday that Ultimate paid the money between 2019 and January 2020 through his bank.
Three Marshlands Consortium Limited directors, Nachi Musonda, Tobias Hanyimbo Milambo and Richard Lubemba are in court facing 15 counts of forgery, obtaining money by false pretenses and uttering false documents, among them Ultimate Insurance Company Limited shareholder resolutions.
Milambo, 48, a chartered insurer of Woodlands, Musonda, 33, of Chongwe and Lubemba, 31 of Chalala are alleged to have forged documents purporting to show that they had been appointed as directors at Ultimate.
It is alleged that between January 1, 2018 and December 31, last year, Milambo, Musonda and Lubemba, with intent to defraud, forged a Bitrust Rear Estate Innovative Solution Valuation Report dated January 6, 2018 for stand 9192/35 Manunga Road, Ndola.
The trio, all insurers, allegedly forged the document by purporting to show that it was genuinely issued and signed by authorised by Bitrust Real Estate Innovation Solution for Investors, when it was not the case.
It is further alleged that between the same dates, Milambo, Musonda, Lubemba, Marshlands Consortium Limited are accused of obtaining goods by false pretenses and stealing over US$41, 000 belonging to Ultimate insurance.
The three directors were initially represented by Nchito and Nchito Advocates in the matter but are now represented by Lusaka lawyer Osbourne Ngoma and others.
When the matter came up for continued trial yesterday, Mr Kalunga said that on August 26 , 2020 he was asked by his superiors to reprint a bank statement for account no 0011028454 for Ultimate from ABSA Bank Zambia Limited which was held in United States dollars.
He said that after the instructions by his superiors he reprinted the bank statement with transaction details.
Mr Kalunga explained to the court that he re printed the statement using the computer system of the bank which was secured by means of password and data inscription and he had been in custody of the document.
He submitted the print out of the bank statement as part of his evidence but one of the defence lawyers objected to the production of the document on grounds that the witness did not satisfied the provisions of the law in producing the statement.
But Ms Walusiku in her ruling allowed Mr Kalunga to produce the statement saying it he met all the necessary conditions as a witness who is an official of ABSA bank.
In a related matter the Registrar of Pension Insuranve Authority (PIA), Christopher Mapani, his Deputy Registrar in charge of Insurance, Titus Nkwale, and Manager insurance, Nicholas Mbuya are facing charges of abuse of authority also appeared before Lusaka Magistrate Felix Kaoma for commencement of trial.
Breakdown of payments:
23.05.2019 – $5000
31.05.2019 – $15820.07
07.10.2019 – $26,160.38
03.01.2020 – $9,505.54
21.01.2020 – $9,505.54
05.05.2020 – $7,500
TOTAL USD $73,491.53
