AFTER finally appearing in court in following their arrest almost two weeks ago, 11 suspects in the gold scam case where yesterday received by a certificate to deny them bail.
The State, through DPP Gilbert Phiri, indicated in the certificate presented in court that granting the 11 suspects bail would be prejudicial to the interest of the Republic of Zambia.
The accused are Walid Botros, a businessman, Mounir Shaker Gerges Awad, a businessman, Mohamed Abdelhak Mohamed Gooda, a retired colonel, Yasser Batros, a security manager.
The Zambians suspects are Shaderick Kasanda, a businessman and miner, Patrick Kawanu, a commercial pilot, Oswald Diangamo, an accountant and Francis Makai-Mateyo, a state security officer, Robinson Moonga, a police officer, Mahogany Air chief executive officer Jim Belemu.
They are charged with the Espionage, an offence which is contrary to section 3 (a) of the State Security Act Chapter 11l of 2012 of the Laws of Zambia.
Allegations are that on August 13, 2023 at Kenneth Kaunda international Airport, in the Chongwe, the 11 jointly and while acting together entered KKIA, a protected place.
They entered the premises for purposes prejudicial to the safety and interest of the Republic of Zambia.
When the case was called, principle State Advocate Gracilia Mulenga told the court with about 13 defence lawyers representing the accused, that the matter was coming up for explanation for the charge.
At this point, chief resident magistrate Davies Chibwili then explained the charge and informed the accused persons that the charge they are facing can only be tried in the High Court.
Ms Mulenga then informed the court that the DPP has issued a certificate to deny the accused persons bail pursuant to section 123(4) of the Criminal Procedure Code (CPC) and that “It is likely that the interest of the Republic of Zambia will be prejudiced if the accused herein are admitted to bail,” the DPPs certificate reads in part.
But the defence team objected, wondering how the DPP had jumped the gun by issuing a certificate denying their clients bail which they had not even applied for.
“We are surprised with the manoeuvre by the State to produce the certificate. The matter is triable in the High Court of Zambia.
“The role of the court was simply to explain the charge and refer it to another date. Even the consent of the DPP for this matter to be prosecuted is not on record. How do we rush to say that it will be prejudicial when consent is not before court?” Lubinda Linyama, a defence lawyer for the Egyptians argued.
Mr Linyama argued that “matters of bail are not for you [magistrate Chibwili], not today”.
Another defence lawyer Martha Mushipe, who adopted the other lawyer’s submission argued that the DPP’s application for bail deniable was irregular and procedurally improper.
“It’s frighteningly for the State to talk about denial of bail when there is no certificate hearing to admit the accrued to trial,” Ms Mushipe contended.
Another defence lawyer Abraham Mwansa urged the court not to admit the DPP’s certificate “for the simple reason that this court has no jurisdiction to try this matter”.
But the State insisted that the court admits the certificate because it has power to hear and grant bail to an accused person.
“This court would have had power to consider a bail application had it not been for the DPP evoking his powers under section 123(4) of the CPC,” Ms Mulenga submitted.
Another state advocate Steven Sumbukeni said it was in the interest of time that the State acted proactively by informing the court regards the position taken by the DPP regarding bail.
“We strongly submit that this certificate is properly before this court and there is no proper legal ground justifying it being expunged from the record,” Mr Sumbukeni said as defence insisted that the certificate be expunged.
Mr Linyama argued that it was “ridiculous” for the State to suggest that a court cannot question the powers of the DPP regards his decision to issue the certificate to deny his clients bail.
“It’s ridiculous to say that the court has no power to question a decision of a constitutional office bearer. How do you rush to issue a certificate against bail and not the certicate of committal. The defence is ready to start trial even tommorrow [today], we can apply for bail from there at the High Court,” the lawyer submitted.
(Mwebantu, Tuesday, 29th August, 2023)
The biggest-ever win on Aviator for the whole of Africa
Lucky player at betPawa Ghana touches down with the game’s biggest win to date after riding out phone glitch
Aviator, the world’s number one crash game from award-winning developer, SPRIBE, has landed another big winner at popular betting brand betPawa Ghana won a massive $500,000 (ZK11.8 Million) – the biggest Aviator win in Africa.
This is how the action unfolded…
Fuseini, from Kumasi, Ghana, opened betPawa on his smartphone and headed straight to the game lobby to take flight with Aviator. Having set his bets at GH¢20, he launched the plane and watched as it climbed higher and higher, with the bet multiplier also getting bigger and bigger.
With Aviator, the aim of the game is to hold your nerve for as long as possible – the longer you hold out, the bigger the win multiplier gets. Of course, if the player waits too long, the plane flies away taking their accrued winnings and original stake with it.
In a twist of good fortune, his smartphone was not functional, and he couldn’t cash out for a few moments. Those few extra seconds of being airborne took the multiplier sky high, taking his total win to a life-changing ZK 11.8 Million (more than $500,000).
Not only did he hit the Highest Cash Multiplier of the Week, but his win is the largest ever recorded in Ghana since SPRIBE introduced Aviator to the market back in 2018.
To mark the occasion, betPawa treated Fuseini to a once-in-a-lifetime experience, flying the avid football fan and his family and friends to a football match in a private jet. The betting brand, which is active in eleven African countries, then held a press event where Fuseini spoke emotionally about the win and was presented with a cheque for $500,000.
Giorgi Tsutskiridze, CCO at SPRIBE, said: “Aviator is a thrilling game loved by more than 10 million players a month across the world. Not only does it provide engaging, fast-paced action on mobile and desktop, but as seen by Fuseini, it gives a superb opportunity to players to build their wealth and fortune just by playing the best crash game in the world.”
“Aviator is multi-player and social, and Fuseini can now enjoy his time at the top of the Aviator Battle Royale Leaderboard where other players can put their mettle to the test to see if they can land an even bigger multiplayer.
“It’s also great to see betPawa give Fuseini the royal treatment following his big win. This is a great branding opportunity for the operator and also helps to make even more players aware of the Aviator and why it’s the number one crash game on the planet.”
Fuseini said: “I cannot believe what is happening to me because I never imagined ever being on an aeroplane. Today, I have been flown on a very luxurious plane fit for a millionaire.”
Ntoudi Mouyelo, CCO at betPawa, added: “We are so happy for Fuseini and his incredible win on Aviator. What better way to celebrate than putting Fuseini in a real plane and flying him to watch his favourite sport, football. With his winnings in hand, he can now travel in style wherever he goes.
“Aviator really is one of the most popular games in our lobby, and we look forward to sharing more big win stories as they land.”
Pastor guilty of defilement
THE Lusaka Magistrate’s Court has found a Presbytery Church pastor guilty of defiling his granddaughter aged 11.
Magistrate Mutinta Mwenya convicted Allan Muchulu yesterday and committed him to the High Court for sentencing.
In this matter Allan Muchulu, of Lusaka’s Meanwood, is charged with defilement of a child.
The defilement of the child took place in March last year, in Meanwood.
And during trial, the girl narrated before a magistrate that the cleric had sex with her several times and would go to her bedroom in the night when she is not menstruating.
The accused pleaded not guilty and the State called several witnesses to testify against him for allegedly defiling the granddaughter of his brother-in-law.
During trial, the court heard that the victim, who is a double orphan, was being kept by Muchulu and his wife, who is the victim’s grandmother.
The court also heard that owing to alleged politics in Mrs Muchulu’s family, the pastor was allegedly implicated in the crime.
Lusaka resident magistrate Mutinta Mwenya later found Muchulu with a case to answer and placed him on defence.
In defence, Muchulu denied sexually abusing the minor, whom he described as a pathological liar.
The cleric also claimed that his wife’s relatives framed him.
“I stand here very surprised and shocked that I could have committed such a thing. I believe I have been framed because it is very juicy to hear what is happening about a pastor. As far as I know, I did not do what they are alleging I have done,” Muchulu said.
But during cross-examination by public prosecutor Malama Chisenga, Muchulu described the victim as a pathological liar.
“Are you a doctor to confirm that she is a pathological liar?” Ms Chisenga asked, as the accused said “no”.
And in her judgment, magistrate Mwenya said Muchulu’s defence and accusation of the victim of being a liar was an afterthought.
“I find it an afterthought for the defence to tarnish the image or character of the victim that she is a liar to merely evade the wheels of justice as this could have been raised in cross examination of the prosecution witness,” she said.
The court pronounced the clergyman guilty of the offence because allegations were proved against him.
Magistrate Mwenya further ruled out possibility of false implication and that she believed the testimony of the victim, who struggled to open up as during trial as she looked sad, distressed and disturbed.
(Mwebantu, Tuesday, 28th November, 2023)
Zambia Correctional Service Officer arrested for alleged murder of a bricklayer who delayed to bring him food, police say
POLICE in Mumbwa have arrested and charged a Correctional Service Officer stationed at Kitumba Correctional Farm in Mumbwa for alleged murder of Richard Silwamba aged 42 a bricklayer at Sugarloaf Enterprise Kaindu in Mumbwa.
Clifford Chota Mubili 29 allegedly beat up the deceased after he delaying from buying his food.
Police spokesperson Rae Hamoonga said the officer will appear in court soon.
“It is alleged that the deceased delayed to come back from buying foodstuffs after having been sent by the suspect, making him annoyed and later got a metal bar and hit the deceased on the face,” he said.
Mr Hamoonga said the body of the deceased was inspected and a deep cut was seen on the upper right eyebrow.
The body has been deposited in Mumbwa District Hospital Mortuary awaiting Postmortem while the suspect is detained in Police custody and will appear in Court soon,” he said.
(Mwebantu, Monday, 27th November, 2023)