Friday, July 10, 2009

MoH workers plead not guilty to 20 counts of theft by public servant

MoH workers plead not guilty to 20 counts of theft by public servant
Written by masa
Friday, July 10, 2009 4:28:42 PM

FORMER Ministry of Health human resource manager Henry Kapoko and 12 others yesterday pleaded not guilty to 20 fresh counts of theft by public servant and theft involving about K6.8 billion. And Lusaka magistrate Exornobit Zulu has reserved ruling to July 17, 2009 on the bail applications in respect of all 13 accused persons.

The accused persons in this matter are Kapoko, Zukas Kaoma, Nobert Peleti, Evaristo Musaba, Vincent Luhana, Naomi Gladys Chawinga, Dr Chrispine Sichone, Masuzyo Kuma Chawinga, Roy Maswenyeho, Esau Moses Banda, Justin Phiri, Luke Makehe and Christopher Bwalya.

In the first count, Kapoko, Musaba, Luhana, Kaoma and Peleti are charged with theft by public servant contrary to the Laws of Zambia.

Particulars of the offence are that Kapoko, Musaba, Luhana, Kaoma and Peleti between October 1, 2007 and December 13, 2007 in Lusaka being persons employed in the Ministry of Health jointly and whilst acting together with Chawinga and other persons unknown, did steal K432,022,333 cash, the property of the government of the Republic of Zambia which came into their possession by virtue of their employment.

In the second count, Chawinga on the same dates jointly and whilst acting together with Kapoko, Musaba, Luhana, Kaoma, Peleti and others unknown did steal K432,022,366 cash the property of the government of Zambia.

In count three, Kapoko, Kaoma and Dr Sichone are charged with theft by public servant contrary to section 272 and 277 of the Penal Code.

Particulars of the offence are that Kapoko, Kaoma and Dr Sichone between December 1, 2007 and January 7, 2008 at Lusaka being persons employed in the public service, namely the Ministry of Health jointly and whilst acting together with Chawinga and other persons unknown did steal K577,785,800.00.

Chawinga has been charged with theft in count four and particulars of the offence are that Chawinga between December 1, 2007 and January 7, 2008 in Lusaka jointly and whilst acting together with Kapoko, Kaoma, Dr Sichone and others unknown did steal K557,785,800.00, the property of the Zambian government.

Count five relates to Kapoko, Luhana, Kaoma, and Peleti and they have been charged with theft by public servant.

The statement of offence noted that the above individuals between February 1, 2009 and April 3, 2009 being public servants in the Ministry of Health respectively, jointly and whilst acting together with Chawinga and other persons unknown did steal K947,224,200.00 cash.

Chawinga has been charged with theft in count six in that between February 1, 2008 and April 3, 2008 in Lusaka, jointly and whilst acting together with Kapoko, Luhana, Kaoma, Peleti and other persons unknown did steal K947,224,200.00 cash, the property of the Zambian government.

Count seven encompasses Kapoko, Luhana, Kaoma, Dr Sichone and Essau Moses Bana, who have been charged with theft by public servant.

The particulars of the charge are that between April 1, 2008 and April 30, 2008, the above public servants, jointly and whilst acting together with Chawinga and others unknown did steal K886,317,500.00 cash, the property of the government of Zambia, which came into their possession by virtue of their employment.

In count eight, Chawinga is facing a charge of theft in that between April 1, 2008 and April 30, 2008 at Lusaka, jointly and whilst acting together with Kapoko, Luhana, Kaoma, Dr Sichone, Banda and others not known did allegedly steal K886,317,500.00 cash belonging to the government of Zambia.

Kapoko, Luhana, Kaoma, Dr Sichone and Banda are again charged with theft by public servant involving K732, 350, 000.00 allegedly stolen between April 1, 2008 and April 30, 2008 in Lusaka, in count nine.

The statement indicated that the money came into their possession by virtue of their employment in the public service and that they allegedly jointly stole with Chawinga and Masuzyo Chawinga, including other persons unknown.

Count ten relates to Chawinga, who is charged with theft involving K732,350,000.00, which she is alleged to have stolen whilst jointly and acting together with Kapoko, Kaoma, Dr Sichone, Banda and others unknown between April 1, 2008 and April 30, 2008.

Kaoma and Dr Sichone have been charged with theft by public servant in count eleven.

The duo, between July 1, 2008 and August 15, 2008 at Lusaka, being public servants, jointly and whilst acting together with Kapoko, Naomi Chawinga and Masuzyo and others unknown allegedly stole K947,274,000.00 cash belonging to the government.

Count twelve is a charge of theft involving Kapoko, Chawinga and Masuzyo Chawinga.

Particulars of the offence are that between July 1, 2008 and August 15, 2008 the above individuals whilst acting together with Kaoma, Dr Sichone and others unknown did steal K947,274,000.00 cash the property of the Zambian government.

In count thirteen, Musaba, Luhana, Peleti and Roy Maswenyeho stand charged with theft by public servant in that between August 1, 2008 and September 20, 2008 and being public servants in Lusaka, jointly and acting together with Chawinga, Masuzyo Chawinga, Kapoko and others unknown did steal K497,550,000.00 cash.

In the fourteenth count it is alleged that Chawinga, Masuzyo Chawinga and Kapoko between August 1, 2008 and September 20, 2008 in Lusaka jointly and whilst acting together with Musaba, Luhana, Peleti, Maswenyeho and others unknown did steal K497,550,000.00 cash from the Ministry of Health.

In count 15 the charge is that of theft by public servant.

It is alleged that Kaoma, Dr Sichone, Maswenyeho, Justine Phiri and Luke Makeche between April 1, 2008 and October 31, 2008 in Lusaka jointly and whilst acting together with Kapoko, Chawinga, Masuzyo Chawinga and other persons unknown did steal K618,068,850.00.

On count 16, it is alleged that Kapoko, Chawinga and Masuzyo Chawinga between April 1, 2008 and October 31, 2008 in Lusaka jointly and whilst acting together with Kaoma, Dr Sichone, Maswenyeho, Phiri, Makeche and others unknown did steal K618, 068, 850.00 cash.

In count 17, Musonda, Luhana, Kaoma, Peleti and Bwalya are alleged to have between December 1, 2008 and December 31, 2008 in Lusaka jointly and whilst acting together with Kapoko, Naomi, Chawinga and Masuzyo Chawinga and others unknown did steal K592,925,150.00 cash belonging to the government.

In the 18th count, Kapoko, Chawinga, Masuzyo Chawinga, jointly and whilst acting together with Musaba, Luhana, Kaoma, Peleti and others unknown did steal K592,925,150.00 cash.

In count 19, Musaba, Kaoma, Peleti and Dr Sichone between May 1, 2008 and June 30, 2008 jointly and whilst acting together with Kapoko, Naomi Chawinga, Masuzyo Chawinga and other persons unknown did steal K629,029, 800.00 cash.

In the last count, which is 20, Kapoko, Chawinga and Mssuzyo Chawinga between May 1, 2008 and June 30, 2008 jointly and whilst acting together with Musaba, Kaoma, Peleti, Dr Sichone and other persons unknown did steal K629, 029, 800.00 cash, the property of the Zambian government.

All the accused persons denied the charges and the court entered a plea of not guilty in respect of all the counts.

Magistrate Zulu has reserved ruling to July 17, 2009 on the bail application for all the 13 accused persons.

This was after the lawyers representing the 13 accused persons applied for bail pending trial.

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