Indian fined K6, 000 for illegal stay

A LUSAKA Magistrates’ Court has fined an Indian K6, 000 or in default six months simple imprisonment for producing false documents to a public officer and unlawful stay in Zambia. In count one, Mohiyuddin Iqbal Kapadia, 19, on dates unknown but between June 20 2018 and July 11, 2018 whilst jointly acting together with other persons unknown, produced a false adoption order to a National Registration Department officer on duty for the purpose of obtaining a Green National Registration Card number 571607/10/1 purporting that he was lawfully adopted when in fact not. In count 2, on dates unknown but between February 4, 2017 and June 11, 2018, Kapadia unlawfully stayed in Zambia without authority from the immigration department, upon the expiration of his visiting period on February 4, 2017. Facts in this matter are that on June 11, 2018, immigration officers carried out a random patrol in Lusaka’s Kamwala trading area where the accused was apprehended and taken to immigration headquarters on suspicion that he was an illegal immigrant. Upon interrogation, the Immigration Department did not get satisfactory answers and charged him accordingly. When the matter came up for plea before magistrate Judy Chiyayika yesterday, Kapadia pleaded guilty and admitted to the facts of the case. In mitigation, defence lawyer Osborn Ngoma asked the court to exercise maximum leniency in sentencing Kapadia saying that he had not wasted the court’s time by pleading guilty as charged and was remorseful. He asked the court to impose a sentence of fine in accordance with the principles of law as established by the supreme court of Zambia in several cases. “The accused deserves leniency as he is a first offender and has not wasted the court’s time by admitting to the charges levelled against him. The accused has promised never to break any Zambian law again,” Mr Ngoma said.