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Study judgment before appealing Kapoko's acquittal, TIZ urges ACC

Study judgment before appealing Kapoko's acquittal, TIZ urges ACC
By Allan Mulenga
Mon 05 Nov. 2012, 12:30 CAT

TRANSPARENCY International Zambia has asked the Anti Corruption Commission to critically study the judgment in which Henry Kapoko and eight others were acquitted of theft by public servant before lodging an appeal.

Transparency International Zambia (TIZ) executive director Goodwell Lungu stated that the public expected a better result than what they had seen in magistrate Kenneth Mulife's judgment.

The Anti Corruption Commission (ACC) has indicated that it will soon appeal magistrate Mulife's judgment in which he acquitted Kapoko and eight others were acquitted of theft by public servant involving K1.9 billion, money paid by the Ministry of Health to Kahekam Limited for the procurement of mother-baby kits.

"…They (ACC) shouldn't go into that particular matter a bit carelessly," he cautioned.

Lungu stated that the judgment had a potential to erode public confidence in the fight against corruption.

"…The second thing to note is that the state should urgently appeal that case and in appealing the case they should carefully study some of the issues that the magistrate had read in the judgment in order for them to solidify the case," stated Lungu.

"What we would like to continue in our country is that the Judiciary delivers judgments that would be able to deter would-be offenders. Of course, we are not saying that those people are guilty or not guilty, but what we are focusing attention on is the amount of evidence laid before the courts of law, as a result of that our expectation is a better result than what came out."

ACC director general Rosewin Wandi said the Commission's legal department was preparing itself for an appeal of the judgment.

Lusaka magistrate Kenneth Mulife on Thursday acquitted Kapoko, a former Ministry of Health human resources officer and eight others of offences ranging from theft by public servant, money laundering and issuing cheques on insufficiently funded accounts because the prosecution failed to prove the case beyond all reasonable doubt.

Kapoko and eight others were arrested in 2009 for the offences.
In this case, Abel Katongo, head procurement officer, Anthony Mwila, senior procurement officer, Royd Onde, the internal auditor, Justin Phiri, accountant, Nobert Peleti, assistant deputy director for administration, Zukas Kaoma, principal accountant, Kapoko, Fredy Chileshe, Best Home Lodge operations manager and Christopher Mayenge were alleged to have on an unknown date but between January 22, 2009 and February 28, 2009 in Lusaka whilst acting together with other persons unknown with intent to defraud the Ministry of Health of K1.9 billion falsely pretended that he had ordered and shipped 50,000 mother-baby kits when in fact not.

Labels: ACC, GOODWELL LUNGU, HENRY KAPOKO, TIZ

posted by MrK @ 9:28 PM