Lt Gen Musengule gets 4 years for corruption

Lt Gen Musengule gets 4 years for corruption
Written by Laura Hamusute
Tuesday, March 03, 2009 12:28:28 PM

LUSAKA magistrate Liya Tembo has jailed former Zambia Army commander Lieutenant General Geojago Musengule four years after finding him guilty on charges of abuse of authority of office and corrupt practices by public officer.

And magistrate Tembo has jailed Base Chemicals chief executive officer Amon Sibande three years after finding him guilty on charges of corrupt practices with a public officer.

This is in a matter where Lt Gen Musengule stood charged with two counts [count one and two] of abuse of authority of office contrary to Section 37 (2) (a) as read with Section 41 of the Anti Corruption Commission Act number 42 of 1996.

On the first count, he is alleged to have on dates unknown but between January 1, 2001 and June 30, 2001 in Lusaka while he was Zambia Army commander abused his authority of office by engaging Base Chemicals Zambia Limited in which Sibande is executive director, to supply fuel valued at US$1,278,511.46 to the Army in order to obtain property, wealth or advantage.

On count two, Lt Gen Musengule is alleged to have abused his authority of office on the same date by engaging Sibande to do repair and construction works for the Army worth US$1,079,888.44 as a reward for engaging Base Chemicals Ltd.

Lt Gen Musengule was also indicted for five counts [counts three, five, seven, nine and eleven] of corrupt practices with a public officer contrary to Section 29 (2) as read with section 41 of the Anti-Corruption Commission Act number 42 of 1996.

He is alleged to have corruptly received from Sibande two garage doors valued at US$2,500, one milking tank valued at US$2,500, three steel structures valued at US$13,500, building materials valued at K14,561,000 and milking equipment valued at US$23,875.

Sibande was facing five counts of corrupt practices with a public officer [counts four, six, eight, ten and twelve].

The prosecution called 15 witnesses who adduced evidence against the accused persons.

Magistrate Tembo put Lt Gen Musengule and Sibande on their defence after establishing a prima facie case against them.

In their defence, the accused persons denied all the charges against them.

After the case was closed both the defence and prosecution filed written submissions.

Handing down the judgment, magistrate Tembo said the onus was on the prosecution to prove the guilt of the accused persons beyond all reasonable doubt and that the accused persons were not required to prove their innocence.

Magistrate Tembo further said if after analysing the evidence she had any doubt in her mind, she would acquit the accused persons.

She noted that the defence pointed out that before the accused persons could offer any explanation, the prosecution had to lead evidence to show that the payments were corrupt.

Magistrate Tembo said she would not have put the accused persons on their defence if there was no evidence that the payments were corrupt.

She pointed out that in order to prove the guilt of the accused person on a charge of abuse of authority of office, the prosecution had to establish that the accused person was a public officer who misused his/her office in order to obtain property, wealth or advantage directly or indirectly.

Magistrate Tembo said on the charge of corrupt practices by public officer, the prosecution had to establish that the accused person corruptly solicited, obtained or attempted to receive or obtain from any person for himself gratification or reward for doing something in relation to any matter with which any public body may be concerned.

She added that as regards the offence of corrupt practices with a public officer the prosecution had to prove that the accused person corruptly gave or offered any gratification to a public officer for his [public officer] benefit.

Magistrate Tembo ruled that the prosecution in relation to Lt Gen Musengule had established their case beyond all reasonable doubt on counts one and two.

She said it was not in dispute that Lt Gen Musengule was a public officer and Sibande was a majority shareholder in Base Chemicals Ltd.

Magistrate Tembo established that payments were made directly to Base Chemicals and there was evidence of direct communication between Lt Gen Musengule and Sibande.

She said there was no evidence to show that Zambia National Tender Board (ZNTB) regulations were followed and a shortage of fuel was not a justification for disregarding requirements of the law.

On counts three and four magistrate Tembo was satisfied that the prosecution had proved their case beyond reasonable doubt, saying Sibande bought a garage door for Lt Gen Musengule.

She also ruled that the prosecution had established their case beyond all reasonable doubt on counts five, six, 11 and 12.

Magistrate Tembo further concluded that the prosecution had established their case beyond all reasonable doubt in relation to counts seven, eight, nine and 10.

She found as a fact that Sibande bought Lt Gen Musengule a house in South Africa through his son Leroy Musengule.

In mitigation on behalf of the accused persons, defence lawyer Vincent Malambo said Lt Gen Musengule had served the country for 37 years.

Malambo said the conviction of Lt Gen Musengule and the process of going through trial in the matter was punishment enough for his client.

He observed that it was not the length of a sentence meted out on an accused person that led to reform and that long sentences led to the probability of turning honest citizens into disgruntled and vengeful citizens.

Malambo appealed to the court to be merciful in passing the sentence.

But magistrate Tembo told Lt Gen Musengule that although he had conducted himself well during the case, as a public officer he had a duty to conduct himself in an exemplary manner.

She told him that he was holding the office of Zambia Army Commander on behalf on the Zambian people who had sacrificed so much in terms of taxes.

Magistrate Tembo said when things turned out the way they did, development stagnated.

At this point, magistrate Tembo told Sibande that although she understood that he was a distinguished person, such should follow in his business transactions.

She sentenced Lt Gen Musengule to three years on count one, four years on count two, one year on count three, one year on count five, one year on count seven, three years on count nine and three years on count 11.

The sentences are to run concurrently, meaning he will only serve four years as it is the highest sentence on all the counts.

Magistrate Tembo jailed Sibande six months on count four, six months on count six, two years on count eight, three years on count 10 and one year on count 12.

Sibande will only serve three years since the sentences are concurrent with three years being the highest sentence.

Task Force prosecutor Fred Malambo informed the court that he intended to make an application relating to forfeiture.

There was an aura of sadness in the packed courtroom as some grief-stricken relatives of the accused persons wept following the verdict of guilty.

The courtroom was packed and some notable people in the courtroom were former Zambia Air Force Commander Lt Gen Sande Kayumba, who left before the sentence was passed.

Kayumba's judgment in one of his cases will be handed down today.

Other people in the courtroom were Lusaka businessman Geoffrey Bwalya Mwamba popularly known as GBM and officers from the Task Force.