Maravi

Musengule goes in

Musengule goes in
By Salim Dawood, Maluba Jere and Agness Changala
Sat 17 Mar. 2012, 12:00 CAT

CONVICTED former Zambia Army commander Lt Gen Geojago Musengule says he is not scared of jail because he has been there before.

In an interview after the Lusaka High Court upheld the four-year jail sentence slapped on him by the Magistrate's Court in 2009, Lt Gen Musengule said going back to jail would reunite him with his friends who had also been sentenced.

"I am not scared, I have been there before so I am used. I am going to find my friends whom I left," said Lt Gen Musengule shortly before he was taken to Lusaka Central Prison, commonly known as Chimbokaila.

Lt Gen Musengule was sentenced together with former Base Chemicals chief executive officer Amon Sibande whose seven-year sentence has also been upheld by the High Court for corruption and abuse of office.

Delivering the six hours long judgment yesterday, judge Charles Kajimanga, sitting with judges Florence Lengalenga and Elita Mwikisa, upheld the convictions after all the 31 grounds of appeal were dismissed on grounds that they lacked merit.

Judge Mwikisa said the four-year jail sentence slapped on Lt Gen Musengule did not come with a sense of shock, saying they also did not consider it to be harsh.

Lt Gen Musengule in his appeal had filed 24 grounds of appeal while Sibande filed seven, which were all dismissed on grounds that they lacked merit.
He said there was overwhelming evidence against Lt Gen Musengule and Sibande requiring the court to dismiss the appeal.

However, Lt Gen Musengule said he would appeal against the judgment to the Supreme Court.

In this case, Lt Gen Musengule was convicted for irregularly awarding several business contracts to Base Chemicals, a Lusaka based company, when he was army commander.

He is also alleged to have awarded contracts to Sibande to supply fuel to the army worth millions of US dollars.

He was also found guilty of receiving gratification for awarding the contracts to Base Chemicals.

In its judgment, the court said there was no doubt that Lt Gen Musengule abused his authority when he facilitated payment to Sibande's company before the contract was awarded.

The judges said it was clear that there was in existence a tender committee that never met to engage Base Chemicals.

On the supply of fuel to the army, judge Kajimanga said there was no evidence to show that quotations were received from other sources for the awarding of the tender in question.

He said the fuel shortage in the country at the time was no justification for disregarding tender procedure by awarding the contract to Sibande.

Judge Kajimanga also said he agreed with the finding of the court below that although Kaoma Barracks were in a deplorable state, there was no justification to flout rules when awarding a building contract.

Labels: ARMED FORCES, CORRUPTION, GEOJAGO MUSENGULE

posted by MrK @ 7:32 PM