Court denies Muchemwa to access property

LUSAKA Chief Resident Magistrate, Davies Chibwili has dismissed an application by Lusaka businessman Francis Muchemwa to allow him have access to his residence which the Anti-corruption Commission (ACC) seized deemed as a proceed of crime.

Muchemwa through his lawyers, Mr. Shupa Chipompela and Mr. Mulenga Mwango asked the court to grant an equitable order permitting him to take residence of his property in Silverest area stating that he was a destitute and had nowhere to stay. “We have an application to make pursuant to section 355 subsection 2 of the criminal procedure code (CPC) in relation to P22 the residential submitted before court. May the court permit first accused person to take residence of the same property. Since evicted accused has suffered extreme hardship.

It could be that he is a destitute he has no place to live, It is not the intention of these proceedings to impose any more hardship as it is necessary considering the fact that he is deemed innocent until proven guilty, “defense submitted. Muchemwa said granting his request would not in any way prejudice the State.

“Your worship, it is our position that the state will not in any way prejudiced because the so purpose of seizing the premisses was to safe guard their evidence and presenting the evidence before the honourable court which they have already done. Further should the accused ever be convicted the state can make an application for the said property to be forfeited. Therefore, granting that particular order will not in any way prejudice the state,” defense said.

In response, State Prosecutor, Daniel Ngwira objected to the application stating that the property in question was seized through an order granted by the court. However, in rendering ruling yesterday, magistrate Chibwili refused to grant Muchemwa his application on grounds that the accused cannot be found to be entitled to the property as of now because it could send a wrong message. Trial continues on February 29, 2024