Maravi

Magistrate Kafunda jails Rathi for corruption

Magistrate Kafunda jails Rathi for corruption
By Maluba Jere
Fri 13 Nov. 2009, 04:01 CAT

LUSAKA chief resident magistrate Charles Kafunda yesterday sentenced Semyon Holdings proprietor Anuj Krishman Kumar Rathi to four years imprisonment with hard labour for corruption.

And magistrate Kafunda has ordered the forfeiture of proceeds amounting to 342,000 pounds in a transaction between Semyon Holdings and Zambia National Service (ZNS).

Magistrate Kafunda imprisoned Rathi with effect from the day he was arrested. This means Rathi will be in prison for three years and a month as he has been in custody since December last year.

Rathi stood charged with one count of corrupt practices with a public officer contrary to the Laws of Zambia.

Particulars of the offence were that on dates unknown but between December 3 and 6, 2001 in Lusaka, Rathi did give 15 000 pounds gratification to convicted former ZNS commandant Lieutenant General Willford Funjika, a public officer at the time as a reward for awarding a contract to Semyon Holdings.

Passing judgment, magistrate Kafunda said it was clear from the evidence before court that Semyon Holdings caused money amounting to 15 000 pounds to be paid to two of Lt Gen Funjika's children who were paid 7,500 pounds each.

Rathi was alleged to have corruptly supplied jerseys, raincoats and berets in a contract between ZNS and Semyon Holdings.

Magistrate Kafunda said it was also clear that the process of procuring uniforms for ZNS was initiated by Lt Gen Funjika himself and that tender procedure was not followed and that the whole tender process was manipulated in favour of Semyon Holdings.

“I find the allegation that the accused person gave as gratification for the awarding of a contract to have been proved beyond all reasonable doubt,” magistrate Kafunda said. “…gratification was given for the facilitation of a ripped and manipulated tender process. All the ingredients of Section 29(2) of the Anti Corruption Commission Act have been proved beyond all reasonable doubt. I find the accused guilty as charged and I convict him accordingly.”

In mitigation, Rathi's lawyer Robert Simeza said his client was a first offender who had been in custody for close to one year and that he had learnt a lesson from his experience.

Magistrate Kafunda said having taken the mitigation into account, he also noted that Rathi was the first offender but explained that the offence he stood charged with was punishable by up to 12 years.

He said it was common knowledge that the offence was quite prevalent in the country and possed challenges to society.

Magistrate Kafunda then sentenced Rathi to four years imprisonment with hard labour.

And dissolved Task Force on Corruption prosecutor Mutembo Nchito applied that the court should order the forfeiture of the proceeds to the state in the transaction between Semyon Holdings and the government.
But Simeza objected saying the court could only order the forfeiture of 15 000 pounds and that such an order could not stretch beyond that saying the state's application had no merit.

In response, Nchito said Section 41(c) of the AC Act empowered the court to order the forfeiture of proceeds. He submitted that it was clear that the transaction in which Semyon Holdings and ZNS entered into under the instrumentality of Rathi and Lt Gen Funjika was fraudulent.

Ruling on the matter, magistrate Kafunda said just as the prosecution had observed, the tender between the government and ZNS was manipulated and corrupt under the AC Act.

“The fact is that 342,000 pounds was a proceed of a crime…Fixing a public leader for a reward amounts to corruption and whatever proceeds are liable for forfeiture to the state within the next 45 days,” magistrate Kafunda said.

Labels: ANUJ KUMAR RATHI, CHARLES KAFUNDA, CORRUPTION, SEYMON HOLDINGS

posted by MrK @ 4:02 PM