EFCC RESERVES RULING IN MACPHERSON CHANDA, TWO OTHERS BAIL APPLICATION
THE Economic and Financial Crimes Court (EFCC) has reserved ruling on a bail application pending appeal to March 28, 2024, in a matter involving former Postmaster general, Macpherson Chanda and two others.
The court last week in its judgement held that the Ndola Magistrate Court was on firm ground to have found Chanda, Best Mwaichi and Isaac Kamwimba guilty of theft by public servant as the trio fraudulently transferred the Social Cash Transfer (SCT) into a fixed deposit account for the purpose of accruing interest without consent from the treasury or the Ministry of Community Development and Social Services.
The court however stated that the three did not benefit from the funds as the principal amount was disbursed to the beneficiaries and the interest maintained by Zampost.
The trio have since appealed to the Court of Appeal, contesting the judgement.
They have argued that the lower court erred both in law and fact when they found that there was taking in the criminal sense without having regard to the circumstances of the case, against the weight of the evidence on record.
Chanda and two others contended that EFCC erred when it found that they acted fraudulently without having regard to the circumstances of the case compared to the weight of the evidence on record.
They also argued that the lower court erred both in law and fact when it found that the provisions of Section 90 of the Postal Services Act did not confer immunity on the three, against the weight of the evidence on record.
They contended that the court erred when it applied the principle of directors’ liability in the manner it did considering the veracity of the evidence on record .
The trio yesterday appeared before the EFCC for hearing of the bail application pending appeal.
Justice Ann Malata-Ononuju reserved ruling to March 28, 2024.