Ronald Chitotela, others acquitted
MINISTER of Housing and Infrastructure Development Ronald Chitotela and his three co-accused have been acquitted by the Lusaka Magistrates’ Court.
And Mr. Chitotela has thanked President Lungu and First Lady Esther for standing with him throughout his trial and believing in his innocence.
Meanwhile, emotional scenes engulfed the Lusaka Magistrates’ Court Complex after Principal Resident Magistrate David Simusamba acquitted Mr. Chitotela, Brut Holdings Limited director Gregory Chibanga, Brut Holdings Limited, and Diris Mukange for lack of sufficient evidence warranting them to be put on their defence.
In this case, Mr. Chitotela was charged with Mr. Chibanga and Brut Holdings for concealing property number L/148/50 A in Makeni and the remaining extent of subdivision 22183 in Lusaka’s Ibex Hill area, which were suspected to be proceeds of crime, and disguised them in names of Mukange who was charged for possessing the same properties.
In his ruling on whether or not the accused persons had a case to answer yesterday, Mr. Simusamba noted that although the act alleged against Mr. Chitotela in the particulars of offence is that of ‘concealing’, no such act has been advanced by the prosecution in the facts of the case.
“Instead they have advanced the act of ‘possession’ when they allege that A1 (accused number one Mr. Chitotela) had control of the properties with one a Mrs Chitotela after they had been disguised in the names of A 4 (accused number four Mukange),” Mr. Simusamba said.
He said for there to be an offence under Section 71 (1) of the Forfeiture of Proceeds of Crime Act Number 19 of 2010, the concealing or possession ought to be accompanied by a reasonable suspicion of being proceeds of crime.
He said the source of the money (US$ 300, 000 from China Harbour Engineering Services Limited used to buy the properties) and the reasons for concealing the money being known to the prosecution, there was no factual basis upon which the State formed reasonable suspicion that the money might be proceeds of crimes.
“From the foregoing, I find that the prosecution has not established a prima facie case against the accused and I accordingly acquit them of the respective charges under Section 206 of the Criminal Procedure Code and set them at liberty,” Mr. Simusamba said.
And commenting on his acquittal, Mr. Chitotela commended President Lungu for standing with him under difficult circumstances when everybody condemned the minister.
“I want to thank my church and my wife for standing and praying with me. I want to thank the Patriotic Front for believing in my innocence.
I want to thank everybody that has come to support me, even those who schemed against me I forgave them from the first they schemed against me.
Meanwhile, the Patriotic Front says the acquittal of Mr Chitotela has ashamed some sections of society who wanted to paint the ruling party as corrupt.
PF deputy media director Antonio Mwanza said the acquittal clearly showed that the cabinet ministers and party at large were innocent of any allegation of corruption.
Mr Mwanza said President Lungu had been vindicated for not acting on Mr Chitotela on mere corruption charges.
He said some people were condemning Mr Lungu for not taking any action, but the court action clearly showed that President Lungu was right on Mr Chitotela.