Maravi

DPP asks court to put Liato on defence

DPP asks court to put Liato on defence
By Maluba Jere
Fri 16 Mar. 2012, 11:59 CAT

DIRECTOR of Public Prosecutions Mutembo Nchito has asked the Lusaka Magistrates Court to put Austin Liato on his defence in the case relating to the K2.1 billion unearthed from his farm on suspicions that it was proceeds of a crime.

In his submissions on case to answer, Nchito said from the evidence adduced, it was clear that Liato was in possession of the K2.1 billion which is in issue in the matter. He submitted that the evidence of all the prosecution witnesses was reliable and that it had not been discredited in any way during cross examination by Liato's lawyers.

This is in a matter where Liato, the former labour minister, is charged with possession of property suspected of being proceeds of crime contrary to Section 71(1) of the forfeiture of proceeds of crime Act number 19 of 2010 of the Laws of Zambia.

It is alleged that Liato on November 24, 2011 in Lusaka, possessed and concealed money at his farm number L/Mpamba/44 Mwembeshi amounting to K2.1 billion reasonably suspected of being proceeds of crime.

In his submissions on no case to answer, Liato said there was no dispute as regards the lawful possession and ownership of the money found in a chalet at his farm and urged the court to acquit him because the state has failed to prove the allegations against him.

Liato, through his lawyers Nellie Muti, Mutemwa Mutemwa and Moses Chitambala, submitted that the perusal of records shows that the prosecution had failed to prove all the ingredients of the crime under the said Act.

But Nchito stated that Section 71(1) of the forfeiture of proceeds of crime Act number 19 of 2010 provides that "a person who after the commencement of this act receives, possesses, conceals, disposes of or brings into Zambia any money or other property that may reasonably be suspected of being proceeds of a crime commits an offence."

The DPP submitted that under this Act, it is an offence for any person to receive or conceal or dispose or bring into Zambia any money that may reasonably be suspected of being proceeds of crime.

He also stated that on the basis that the prosecution only has to prove its case on a balance of probabilities, the state was submitting that the same had been done in that Liato had a colossal sum of money which he buried in the ground.

"This money did not come from any of his known sources of income. On that basis, we submit that he has committed the offence as charged," submitted Nchito.

He further submitted that Section 78 of the forfeiture of proceeds of crime Act number 19 of 2010 provides that "save as otherwise provides in the Act any questioning of facts to be decided by the court in proceedings under the Act is to be decided on the balance of probabilities."

Nchito submitted that it was very important for the provision that the prosecution need not prove this offence beyond reasonable doubt but on a balance of probabilities.

Following the filling of submissions by both parties, principal resident magistrate Aridah Chulu is on March 30 expected to rule on whether or not Liato has a case to answer in the K2.1 billion case.

Labels: AUSTIN LIATO, DPP, MUTEMBO NCHITO

posted by MrK @ 5:37 PM