Regina gets 3 years
Regina gets 3 yearsWritten by Maluba Jere and Laura Hamusute in Lusaka and Mwila Chansa in Kitwe
Wednesday, March 04, 2009 8:38:22 PM
CHIEF resident magistrate Charles Kafunda has jailed former Republican president Frederick Chiluba's wife Regina three years six months simple imprisonment after finding her guilty of receiving property suspected to have been stolen. And Deputy Director of Court Operations Edward Musona sitting as magistrate has jailed former Zambia Air Force (ZAF) commander Lieutenant General Sande Kayumba and retired chief of logistics Brigadier General Andrew Nyirongo seven years each on charges of abuse of authority of office and corrupt practices by public officer.
And magistrate Musona has jailed Base Chemicals chief executive officer Amon Sibande seven years on six counts of corrupt practices with a public officer.
Magistrate Kafunda found Regina guilty on five of the six counts of receiving property suspected to have been stolen.
She acquitted Regina on count four where she was alleged to have failed to account for possession of a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
In acquitting Regina, magistrate Kafunda said the prosecution had failed to establish beyond all reasonable doubt that the said motor vehicle was stolen or unlawfully obtained.
In the first count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, Regina failed to account for possession of property on stand number NDO/14 purchased at US$80,000 which was reasonably suspected to have been stolen or unlawfully obtained.
Regina was in the second count alleged to have failed to account for possession of property known as stand number KIT/643 purchased at US$48,000 cash, money reasonably suspected of having been stolen or unlawfully obtained.
In the third count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, she failed to account for possession of property on stand number KIT/645, purchased at US$60,000 cash.
In the fourth count, she was alleged to have failed to account for possession of a motor vehicle Isuzu KB, registration number AAT 2603 suspected to have been stolen or unlawfully obtained.
Regina is in the fifth count alleged to have on unknown date but between January 1997 and September 30, 2002 in Ndola received from Chiluba one Toshiba 61-inch colour television set, serial number 69140018, model No PJ 98 B knowing or having reason to believe that the same had been feloniously stolen or obtained.
In the sixth count, it was alleged that on a date unknown but between January 1997 and September 30, 2002 in Ndola, Regina failed to account for possession of K474,000,000 cash, which was reasonably suspected of having been stolen or unlawfully obtained.
Magistrate Kafunda sentenced Regina to two years six months simple imprisonment on each charge saying they were misdemeanors and three years six months on count five saying it was a felony.
He explained that the sentences would run concurrently meaning Regina would be imprisoned for three years six months.
Magistrate Kafunda also explained that to establish an offence under Section 318 (1) on the fifth count, there must be proved theft of the subject property in this case being the 61-inch television set.
He said the evidence before court was that the said television set was imported by State House as evidenced by the import documents.
Magistrate Kafunda noted that the accused [Regina] however claimed ignorance of such documents, which were found in her house at number 54 Lewanika, Ndola.
He said it was therefore a curious case that the accused person was not aware of those documents which were in her own house but instead had in her possession as she claimed a different invoice bearing Chiluba's name.
Magistrate Kafunda concluded that when the television set arrived in the country, it arrived as an item imported and cleared by State House and was later transmitted to Regina's house.
He noted that it was clear from the evidence that Regina wanted to distance herself from the documents as they suggested that she was in possession of an article, which indicated that the television was imported by State House.
Magistrate Kafunda further dismissed the defence evidence on the basis that it was just an afterthought designed to distance the accused person from any knowledge of the origins of the subject television set.
"The prosecution does sufficiently prove that the TV was imported by State House and given to the accused [Regina] on directions from Chiluba," he said. "There is no evidence to show that the TV was lawfully taken from the importers being State House and given to the accused."
Magistrate Kafunda also said redirecting the television set from its owners who in this case were the government to Regina who was a private person amounted to theft as the property was taken with the intention of permanently depriving the government of its property.
"The accused is a private person who knows that she was not entitled to retain government property in her possession," he said.
Magistrate Kafunda said it would have been a different case if Regina was married to Chiluba at the time.
On the first three counts, Kafunda noted that there was no dispute on the fact that there were payments in respect of US$ 48,000, US$ 60,000, US$ 80,000 and K474,000,000 cash .
On Regina's evidence that she failed to produce primary books on the transactions before the court due to the fact that they had been seized by the Task Force on Corruption, magistrate Kafunda said he found the basis as being untruthful.
He said the transactions in question were huge financial dealings and that she could not fail to produce such important documentation in court.
Magistrate Kafunda noted that it was not enough for Regina to recite a story of such a financial dealing saying it was incumbent upon the accused to show that the monies in question came from her businesses as she claimed.
He said there was no evidence of how Regina's business generated such funds and that the explanation that monies were raised from her assets was unsatisfactory and presented inconsistencies.
He wondered how a business that was going down could spin such huge sums of money.
Magistrate Kafunda further said the explanation concerning monies subject to count six was equally not satisfactory.
He noted that the accused had failed to render a satisfactory account on counts one, two, three and six adding that the prosecution had proved a case against Regina beyond all reasonable doubt thereby finding her guilty and convicted her accordingly.
The prosecution called 26 witnesses while the defence called four witnesses in the matter.
In mitigation, Regina's lawyer Robert Simeza said she was the first offender.
In passing the sentence, magistrate Kafunda said he had taken into account the fact that Regina was the first offender and sentenced her to two years six months simple imprisonment on count one, two, three and six and three years six months simple imprisonment on count five.
He also ordered that the properties remain forfeited to the state.
During the proceedings, Regina kept smiling while Chiluba nodded and shook his head from time to time.
Immediately magistrate Kafunda walked out of the packed courtroom, Chiluba walked into the dock where his wife was and sat with her while Simeza followed the magistrate to his chambers where he applied for bail pending appeal.
Most of the people in the courtroom including Regina's daughters openly wept and one woman fainted and had to be carried out of the courtroom.
When Simeza came back from the chambers, Chiluba's press aide Emmanuel Mwamba informed the court that the police officers needed to take Regina to the holding cells as they awaited the bail application hearing.
Chiluba then walked with his wife through the tunnels all the way up to the holding cells.
Outside the holding cells just within the magistrate court complex, scores of relatives sang gospel songs mostly talking about how faithful God is and that He never forsakes His children.
Regina was later escorted in a police vehicle to Lusaka Central Prison while the rest of the group including Chiluba followed in different vehicles all the way up to the prison.
By press time, Chiluba and his sympathisers were still at the prison.
When asked to comment on his wife's conviction, Chiluba said it was a passing phase.
And when contacted over Regina's conviction, Regina's former husband Edward Mwanza said he felt for his children because they were very devastated.
"No comment my dear. My kids are really devastated and whatever I say might be misunderstood to mean something else. I feel for my kids, they are very devastated," said Mwanza.
And in Lt Gen Kayumba's case, magistrate Musona ordered the forfeiture to the state of property, money from Lt Gen Kayumba and Brig Gen Nyirongo relating to the corrupt transactions.
There were 23 counts in the matter of which 15 were convictions and eight were acquittals.
Lt Gen Kayumba was found guilty on seven counts [counts one, two, three, five, seven, nine and 22] but acquitted on three counts all relating to corrupt practices by a public officer [counts 11, 21 and 23].
Brig Gen Nyirongo was found guilty on four counts [counts one, two, 17 and 19] but acquitted on two counts relating to corrupt practices by public officer [counts 13 and 15].
Sibande was found guilty on six counts [counts four, six, eight, 10, 18 and 20] all relating to corrupt practices with a public officer and acquitted on three counts [counts 12, 14 and 16].
According to the indictment, on count one, Lt Gen Kayumba and Brig Gen Nyirongo were jointly charged with abuse of authority of office contrary to Section 37 (2A) as read with Section 41 of the Anti Corruption Commission (ACC) Act number 42 of 1996.
Particulars of the offence are that the duo on dates unknown but between January 1, 2001 and June 30, 2001 in Lusaka being public officers namely ZAF commander and chief of logistics respectively abused their authority of office by engaging Base Chemicals Limited to supply fuel to ZAF valued at about K9.5 billion [K9,527,710,000] in order to obtain property wealth or advantage.
On count two, Lt Gen Kayumba and Brig Gen Nyirongo were on the same date charged with abuse of authority of office when they engaged Base Chemicals Ltd to do repair works for ZAF valued at about K3.7 billion [K3,742,180,000.89].
Lt Gen Kayumba is on counts three, five, seven, nine, 11, 21, 22 and 23 charged with corrupt practices by public officer contrary to Section 29 (1) as read with Section 41 of the ACC Act number 42 of 1996.
He was alleged to have corruptly received from Sibande K1 million shares from Pamushi Game Ranching, five prefabricated steel shades valued at K63,607,806, milking equipment valued at K87,447,957, labour and building materials valued at K51,333,377.32 and a cyclone hammer mill as gratification for having engaged Base Chemicals to supply fuel and to do repair works for ZAF.
Lt Gen Kayumba was also alleged to have corruptly received US$30,000, 30,000 British pounds and 8,000 British pounds from Capitan Europe as a reward for the supply of boots and other military wear.
Brig Gen Nyirongo on counts 13, 15, 17 and 19 was charged with corrupt practices by public officer when he corruptly received from Sibande K33 million, K17 million, K17 million and K10 million gratification for engaging Base Chemicals to supply fuel and do repair works for ZAF.
Sibande was charged with corrupt practices with a public officer when he corruptly gave Lt Gen Kayumba and Sibande the items in question as rewards for having engaged his company to supply fuel and do repair works for ZAF [counts four, six, eight, 10, 12, 14, 16,18 and 20].
The prosecution called 28 witnesses in the matter and when put on their defence, all the accused persons gave evidence on oath.
In passing judgment, magistrate Musona said the onus of proof lay on the prosecution and the standard of proof was beyond all reasonable doubt.
He said the accused persons were not required to prove their innocence.
Magistrate Musona further said in order to establish the guilt of the accused persons, the prosecution had to prove all the ingredients of each of the offences.
On the abuse of authority charges, the prosecution had to prove that Lt Gen Kayumba [A1] and Brig Gen Nyirongo [A2] abused their authority of office between January 1, 2001 and June 30, 2001 when they were in public office.
The other ingredients are that A1 and A2 abused their authority by engaging Base Chemicals to supply fuel worth K9.5 billion and repair works for ZAF valued at K3.7 billion.
The last ingredient on this charge is that A1 and A2 benefited from the corrupt transactions with Sibande [A3].
On the charges of corrupt practices by public officer, the prosecution had to prove that the accused persons were public officers who engaged in corrupt practices in matters concerning a public body.
Magistrate Musona pointed out that on the charge of corrupt practices with a public officer, the prosecution had to prove that A3 acted corruptly with some public officers in matters concerning a public body.
He found as a fact that A1 and A2 played roles in engaging Base Chemicals Ltd to supply fuel worth K9.5 billion to ZAF.
Magistrate Musona added that A1 was at the time ZAF commander and A2 ZAF chief of logistics.
He also found as a fact that A1 [Lt Gen Kayumba] received K1 million shares in Pamushi Game Ranching from Sibande as a reward for engaging Base Chemicals to do the tasks in question.
Magistrate Musona found as a fact that A1 [Lt Gen Kayumba] received prefabricated steel structures from A3 [Sibande] and conversely A3 gave the structures to A1.
He said it was a fact that A1 [Lt Gen Kayumba] received milking equipment, dairy machine, building materials and labour from A3 [Sibande] as gratification and conversely that A3 gave A1 the items in question.
However, magistrate Musona said it was not true that A1 received a cyclone hammer from A3.
He established that A2 [Brig Gen Nyirongo] received K33 million cash, K17 million, K17 million and K10 million from A3 [Sibande] and conversely that A3 gave A2 the items in question.
Magistrate Musona said it was not true that A1 [Lt Gen Kayumba] received US$ 30,000 and 8,000 British pounds from Capitan Europe but that he received 30,000 British pounds from Capitan Europe.
He found A1 [Lt Gen Kayumba] guilty on seven counts after being satisfied that he committed the offences in question and acquitted him on three counts after doubts were cast in his mind.
Magistrate Musona found A2 [Brig Gen Nyirongo] guilty on four counts and acquitted him on two counts while he found A3 [Sibande] guilty on six counts acquitting him on three counts.
He convicted the accused persons on the charges where he found them guilty.
At this point, Task Force prosecutions lawyer Mutembo Nchito said A1 [Lt Gen Kayumba] and A2 [Brig Gen Nyirongo] were first offenders.
Nchito informed the court that A3 [Sibande] was convicted in another court on similar charges.
In mitigation on behalf of Brig Gen Nyirongo, his lawyer Remmy Mainza said his client was married with three children and five dependents.
Mainza told the court that Brig Gen Nyirongo had a child who was mentally retarded and required support and attention on a daily basis.
He said if Brig Gen Nyirongo was given a custodial sentence his children would suffer as they would no longer be attending school.
Mainza disclosed that his client had a heart condition and high blood pressure, was a first offender who had served in the public service for 32 years.
Mainza pleaded for leniency.
In mitigation on behalf of Sibande, Richard Mandondo who was sitting in for lawyer Willie Mubanga, said his client was a married man with five children and suffered from hypertension.
On behalf of Lt Gen Kayumba, Clavel Sianondo sitting in for lawyer Vincent Malambo, said his client was married with four children, had high blood pressure and served ZAF for 34 years.
But in meting out the sentences, magistrate Musona said although he appreciated that the accused persons suffered from various medical conditions, it was his duty not to deny them leniency but prescribe deterrent measures to would-be offenders.
He said he was duty-bound to consider the gravity of the offences in relation to the social harm to society at large.
Magistrate Musona said although Sibande was convicted in another matter, he would treat him as a first offender not a subsequent offender because the offences were committed at the same time.
He jailed all the accused persons seven years on all counts but the sentences are to run concurrently meaning they will serve only seven years.
At this point, Nchito made an application for forfeiture in relation to Pamushi Game Ranching, three farms which comprise Pamushi Game Ranching, milking equipment and building materials.
Nchito asked the court to order Lt Gen Kayumba to forfeit to the state 30,000 British pounds and K63,607,000.
He prayed that the court order Brig Gen Nyirongo to forfeit to the state his farm in Mkushi.
Brig Gen Nyirongo's lawyer Mainza opposed the application for forfeiture and the lawyers sitting in for lawyers Vincent Malambo and Willie Mubanga asked for an adjournment.
In his ruling, magistrate Musona granted the order for forfeiture and rejected the application for an adjournment, saying the two lawyers who were sitting in should have by now studied the case and the absence of Lt Gen Kayumba's lawyer Vincent Malambo and Sibande's lawyer Willie Mubanga was inexcusable as they did not even send apologies.
Labels: COURTS, REGINA CHILUBA
posted by MrK @ 8:39 PM
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