Maravi

Court jails Chungu for nine months, already served while in custody

Court jails Chungu for nine months, already served while in custody
Written by Maluba Jere and Mwala Kalaluka
Monday, August 17, 2009 8:47:23 PM

KABWE senior resident magistrate Joshua Banda today found former Zambia Security Intelligence Services (ZSIS) director general Xavier Chungu guilty of a charge of forgery and uttering of a false document. Magistrate Banda, sitting as magistrate in Lusaka, sentenced Chungu to nine months imprisonment with hard labour from the day he was arrested after finding him guilty on each of the two counts.

He said Chungu’s sentences would run concurrently from the day of his arrest, meaning that he would not go to prison since he has been in custody since December 2008. This is in a matter where Chungu was, on the first count, charged with forgery.

It was alleged that Chungu on dates unknown but between October 1, 2003 and November 30, 2003 in Lusaka, with intent to deceive, did forge passport number ZH 88471 purporting to show that it was issued properly when in fact not.

On the second count, he was charged with falsifying a document contrary to Section 352 of the Penal Code CAP 87 of the Laws of Zambia.

Particulars of the offence were that Chungu on December 3, 2008 in Lusaka knowingly and fraudulently did utter the passport in question to Mary Bwalya, an immigration officer.

The matter was scheduled to come up for judgment on July 31, 2009, but when it did, Task Force on Corruption prosecutor Fred Malambo told the court that the accused person was not before court as he was still admitted to the University Teaching Hospital (UTH).

He applied that the court adjourns the matter to enable him recover.

Chungu’s relatives who were visibly annoyed with the adjournment complained outside court saying they had been praying to God and that he would one day answer their prayers.

Chungu who was recently admitted to UTH for suspected food poisoning underwent an operation and is recovering.

Delivering judgment yesterday, magistrate Banda said the prosecution had proved a case against Chungu beyond all reasonable doubt and convicted him accordingly.

He explained that the charges against Chungu were serious and that if convicted a person could be sent to prison for up to seven years.

Magistrate Banda said he had no reason to doubt the prosecution evidence saying it was a fact that the passport in question was not a genuine document.

He said the process of its generation was also inconsistent as it was marred with irregularities.

In mitigation, Chungu’s lawyer Malewa Kaona told the court that his client was a first offender, a widower with seven children and that he had been in custody since December 3, 2008.

Kaona said due to certain circumstances, Chungu had a serious medical condition and had just undergone an operation at UTH.

“We pray that the court takes this into account and exercise leniency in sentencing the convict,” he said. “Further, we persuade the court to consider a non-custodial sentence because of his condition.”

In his judgment, magistrate Banda noted that the offences were serious no wonder the prescription in the law in respect of the offences carried a sentence of up to seven years.

He said he would rely on the guidance of the Supreme Court that leniency must be exercised if the convict is a first offender.

“In respect of count one, I sentence him to nine months imprisonment with hard labour with effect from the day he was arrested,” magistrate Banda said. “On count two, I sentence him to nine months imprisonment with hard labour. The sentences will run concurrently.”

Magistrate Banda has since granted Chungu leave to appeal.

And in an interview after the judgment, Chungu said he was humbled and looking forward to his recovery, saying he was grateful that his case had ended.

“I have already served so I am just going to prison for formality,” said Chungu.

Labels: COURTS, XAVIER CHUNGU, ZSIS

posted by MrK @ 7:46 PM