Tue, 30 May 2017 09:48:37 +0000
High Court vindicates Chungu, Kabwe after 13 years
By Chikumbi Katebe
I HAVE always had great faith in Zambia’s judicial system and I knew that one day our position will be vindicated despite 13-year long wait for our freedom, says former director of Access Financial Services Limited, Aaron Chungu.
This was after Mr Chungu and his co-accused Faustin Kabwe were set free by the Lusaka High Court in a judgment of their appeal against their conviction by the Magistrates Court in 2012.
This was in an appeal from the Subordinate Court against the conviction and sentence over the offence of theft and being found in possession of money reasonably suspected of having been stolen or unlawfully obtained contrary to section 272 and 319 of the Penal Code, Chapter 87 of the Laws of Zambia.
Mr Chungu said it was a great relief that the High Court has freed them of the accusations which put their lives on hold during the more than 13 years of the court case.
“It’s been a long, painful experience close to 18 years, and a lot of things unfortunately happened where the whole mind was directed at resolving court issues but thank God that this experience is now over.
“And, yes, I have always had faith in our judicial system from the onset, and even when we worked with our lawyers, they always encouraged us that the system was fair, and that it was just a matter of time as long as our minds are clear, and our position has been vindicated,” Mr Chungu said.
This was after a full High Court bench led by High Court Justice Annesie Banda-Bobo, sitting with Justice Betty Mung’omba and Justice Mwila Chitabo found the duo not guilty of theft and of being found in possession of money believed to have been proceeds of theft.
And Mr Kabwe, in a celebratory mood, said that the acquittal was a big relief as his life had been on a standstill the past 15 years as it would have a great impact on a lot of things.
He pointed out that he had looked forward to a peace of mind in a very long time and that the acquittal had done just that.
In delivering the judgment, Ms Justice Banda-Bobo set aside the Magistrates Court judgment that convicted the two for being possession of money suspected to have been proceeds of theft.
She said the judgment was based on the three grounds of appeal filed which contended their conviction, accusing the lower court of ignoring glaring evidence in support of their arguments.
The High Court found that the lower court ignored sufficient evidence fortified by Access Financial Services Limited on the origin of the money suspected to have been proceeds of theft, when the allegation of theft could not be sustained by the Subordinate Court.
Justice Banda-Bobo said the court failed to find a case of theft which was the major offence but convicted the accused of the lesser charge of possession of money believed to have been stolen.
“In order to convict one for being in possession of property reasonably suspected of having been stolen or unlawfully obtained these ingredients must be satisfied.
“The test is that an explanation which might reasonably be true entitles an accused to an acquittal even if the court does not believe it. An accused is not required to satisfy the court as to his innocence but simply to raise a reasonable doubt as to his guilt,” she said.
She said for that reason, the convictions of Mr Kabwe and Mr Chungu were unsafe and their appeal upheld forthwith.
