Maravi

Magistrate handling Liato's case recuses himself

Magistrate handling Liato's case recuses himself
By Maluba Jere
Tue 17 Jan. 2012, 13:59 CAT

CHIEF resident magistrate Joshua Banda has recused himself from handling a case where Austin Liato is in court over K2.1 billion that was discovered buried at his farm. A combined team of law enforcement officers last November unearthed and seized K2.1 billion cash from Liato's farm in Lusaka West.

Officers from the police, Anti-Corruption Commission and the Drug Enforcement Commission undertook a two-hour joint operation to uncover and seize the money buried in two trunks at Liato's farm No. 44 in Mwembeshi area.

The stacks of cash bundles were in K50,000 notes.

When the matter came up for commencement of trial yesterday, magistrate Banda told the parties that he was recusing himself from the matter and directed that Liato retakes plea before principal resident magistrate Aridah Chulu and that trial should commence.

When the matter was called before magistrate Chulu, the state told the court that the matter should be mentioned and adjourned to February 20, this year for another mention.

The state said the Director of Public Prosecutions was studying the matter and that they state would proceed after receiving instructions from the DPP on the way forward.

In response, defence lawyer Mutemwa Mutemwa objected to the application on grounds that the state should be serious in prosecuting matters.

Mutemwa said the state rushed to effect an arrest on their client and that the story to that effect had been published widely in the media.

He submitted that there was no law either in the Criminal Procedure Code (CPC) or judicial precedent that the state should seek instructions from the DPP in a matter of such nature which he said does not require consent.

Mutemwa said Liato's rights were being violated by the state's conduct, saying trial dates had already been set by both parties at the last hearing.

"They should take issues of liberty of the accused person seriously," he said.

Ruling on the matter, magistrate Chulu said in any matter before court, it was not just the prosecution who required justice saying even accused persons were entitled to receive justice.

She noted that the matter was scheduled for trial the whole of this week and that the period for which the state was applying to adjourn the matter to was too long considering that parties had already agreed that trial should commence.

Magistrate Chulu told the parties that proceedings were not driven by the parties but the court thereby ordering that the matter comes up for trial tomorrow.

"You people were ready for trial and I don't see the need to adjourn to February for a mention," she said.

"I think that is not justice as it says justice delayed is justice denied. So, get the necessary instructions from the DPP and let us proceed with trial tomorrow."

In this matter, Liato pleaded not guilty to one count of receiving or retaining stolen property contrary to Section 318(1) of the Penal Code Chapter 87 of the Laws of Zambia.

It is alleged that on unknown date but between September 1, 2011 and November 24, 2011 in Lusaka Liato received and or returned money amounting to K2.1 billion knowing or having reasons to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of.

Trial in the matter commences tomorrow.

Labels: AUSTIN LIATO, COURTS

posted by MrK @ 12:33 PM