LUSAKA magistrate Faides Hamaundu has rejected an application made by the Anti-Corruption Commission (ACC) to add more charges to former Lusaka Province Minister Bowman Lusambo in a matter is jointly charged with his wife, Ms. Nancy Manase.
This was after state prosecutor Daniel Ngwira made an application to substitute the indictment by adding two more counts to the ten the accused persons are already facing.
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However, Magistrate Hamaundu sitting under the Economic and Financial Crimes court rejected to the state’s application stating that it cannot add more counts to the matter which already started and witnesses already testified.
Mr. Hamaundu ruled that the accused persons deserve the right to a fair trial and the state could not just come and add more charges at the pace the matter was moving.
“I have heard the application made by the state to add two more counts to the ten counts. The state applied not to amend but to substitute the indictment which means the matter will start afresh,” she ruled.
Mr. Hamaundu also ruled that the court cannot start over for the sake of the substitution of the indictment, the case cannot start over.
“The case started last year and eleven witness already testified, allowing the states application will amount to delay of justice of the accused persons, application to substitute the indictment therefore has been denied,” she said.
Ms. Hamaundu also ruled that the state can take the two counts to another courtroom so that it can start afresh.
In this matter, Lusambo and his wife Nancy Manase Lusambo pleaded not guilty to ten counts of corrupt acquisition of public property, possession of property suspected of being proceeds of crime, tax evasion and conspiracy to defraud.
Lusambo is facing all the ten charges, while his wife is facing four.
Meanwhile, Henan Guoji development Company Limited Human Resource and Administration Manager Mr. Felix Phiri told the court that Lusambo’s wife Nancy Manase bought four properties in Silverest area Chongwe district and paid cash on two properties between 2018 and 2020.
Mr. Phiri submitted that Lusambo’s wife Manase paid cash of US$63,219.18 on property number 357 in Silverest area and still owes the company an amount of US$66,780.82.
He testified that the total cost of a house she first purchased which is a five bed roomed costed U$130,000 and she paid cash payments of more than U$63.
“On property number 249, she made a cash payment of U$60,000 and paid in full.
On March 11, 2019 cash payment of K360, 000 which translates to U$30,000. On July, 2 2019 it was paid on exchange of car (Jeep) which was put at the buy of U$30,000. And on property number 248 was also paid in full.
The selling price was U$60,000 the payments was made in three installation first was paid on March 11, 2019 which K360, 000 translating to U$25, 000,” he said.
Mr. Phiri further disclosed that Manase on April 6, 2019 made a cash payment of K300,000 towards property number 249.
“And the third payment was made on July 2, 2019 in exchange for a vehicle called Jeep amounting to U$5,000,” he said.
It is alleged in count 7 that Lusambo and Nancy between September 18, 2021 and October 31, 2021 in Chongwe in jointly and whilst acting together had under his possession of 553.219.18 property reasonably suspected of being proceeds of crime which was used as per payment for property number HT-5B House no. 357 situate at Silverest gardens valued at $130,000.00.
Matter adjourned to today for a scene visit to Silverest gardens in Chongwe.
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