DPP APPEALS AGAINST LUBINDA’S ACQUITTAL
THE Director of Public prosecutions (DPP), Gilbert Phiri, has appealed in the Lusaka High Court against the acquittal of Patriotic Front (PF) vice president, Given Lubinda.
Lubinda was acquitted on April 18, 2024, in the Subordinate on four counts of possession of property suspected to be proceeds of crime contrary to section 71 (1) of the Forfeiture of Proceeds of Crime Act No. 19 of 2010, of the Laws of Zambia, the charges he denied.
Mr Phiri an appellate in the matter said in the notice of appeal, that the appeal was based on grounds that the trial court erred in law when it found that the monies received by the respondent in his dollar account were not proceeds of crime in light of the evidence on record.
Mr Phiri filed that the trial court erred in law when it held that the US$50, 000.00 paid to Kingsland City as part payment towards the purchase of a landed property was not tainted property.
“The trial court erred in law when it arrived at a conclusion that the respondent gave a credible explanation regarding the funds in his dollar account,” read the document.
He said the trial court erred in law when it made a finding to the effect that the prosecution’s evidence did not prove reasonable suspicion.
“The trial court erred in law when it found that the prosecution did not prove the ingredients of the offence on a balance of probability thereby acquitting the respondent.”
On September 12, 2023, magistrate Sandford Ngobola found Lubinda with a case to answer and placed him on defence.
In his defence, Lubinda told the court that all his money came from a legitimate source as he had entered into an agreement with his friend’s company Qingdao Ruichang Cotton Company.
He said the US$100, 000 which was quoted in the first count which was deposited into his bank account from Qingdao Ruichang Cotton Industrial Company was not a proceed of crime.
Lubinda had told the court that in March 2018, his company, High view investment entered into a loan agreement with Qingdao Ruichang Cotton company but the company was not conducting any business using foreign currency so the money was deposited into his dollar account at ABSA Bank Longacres Branch in Lusaka.
He testified that upon the agreement, the Chinese company remitted US$50,000 in March, 2018 and in February 2019 an amount of US$100,000 was sent to his account.
Lubinda explained that the money found itself in his dollar account because his company by then never had a foreign currency account.
He said the money was sent from a Chinese company to his account after a loan agreement which he used to buy properties.
And magistrate Ngobola in rendering judgement on April 18, 2024 said his view, analysis and determination of the issues discussed, the conclusion becomes irresistible that the funds that were received through the accused’s dollar account were not proceeds of crime, they were in respect of a loan facility.
Magistrate Ngobola said “I find that the prosecution has failed to discharge the burden of proving the ingredients of the offence charged in all the four counts for the balance of probabilities and I find the accused not guilty in all the four counts of the offence of being in possession of property suspected of being proceeds of crime. The accused is acquitted accordingly,” Magistrate Ngobola ruled.