Thursday, October 09, 2008

Court sets Jan 21 for jugdment in Musonda's case

Court sets Jan 21 for jugdment in Musonda's case
By Laura Mushaukwa
Thursday October 09, 2008 [04:00]

LUSAKA High Court judge Tamula Kakusa has set January 21, 2009 as the date of judgment in the case of incarcerated former Zambia National Commercial Bank (ZNCB) managing director Samuel Musonda. This is in a case where Musonda appealed to the high court against his conviction by the magistrate court on charges of abuse of authority of office.

Musonda, through his lawyer Mumba Kapumpa, filed 21 grounds of appeal arguing on the first ground that the trial magistrate erred in law and in fact when he failed to differentiate between want of authority and abuse of authority in order to understand the ingredients of the offence Musonda was charged with.

Kapumpa also argued that the trial magistrate overlooked Musonda’s defence and the issue of mens rea was not proved beyond reasonable doubt.

But Task Force prosecutions lawyer Mutembo Nchito contended that the trial magistrate did not err in law and in fact when he convicted Musonda on all counts and the case involved serious misapplication of government funds.

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