BECAUSE of the State’s failure to prove allegations levelled against the accused, a magistrate has acquitted former Zambia Air Force (ZAF) commander Eric Chimese alongside businessman James Chungu.
Lusaka Magistrate Exildah Nsunge-Chanda found that the prosecution team never took key witnesses to testify in the case while some of the witnesses from ZAF had contradicting statements in relation to abuse of authority allegations levelled against Chimese hence having their evidence discredited.
This in in a 2019 matter in which Chimese and Chungu were charged with money laundering related allegations by the Drug Enforcement Commission.
It was alleged that between June 2013 and June 2018 in Lusaka, Chimese engaged ZAF employees to do works on his private property, plot number 2303/Q, Ibex Hill, an alleged act which was arbitrary and prejudicial to interests of Government.
Further, it is alleged that between January 2012 and February 2019, Chimese and Chungu concealed and disguised the rights to ownership of nine flats, a single-storey building, one guest wing and one semi-detached cottage situated on farm 2303/Q, Ibex Hill.
It is alleged that they allegedly concealed the properties knowing or having reason to believe that the possessions were proceeds of crime.
During trial, the State called 22 witnesses and at the close of the case, magistrate Chanda found the duo with a case to answer and placed them on their defence.
Chimese opted to remain silent, which is his constitutional right, while Chungu testified during his defence contending that farm 2303/Q belongs to Chita Lodge and not Chimese. The businessman, who is also Chita Lodge shareholder, said the money used in building the nine flats and other properties on the indictment was from loans Chita Lodge got from banks.
The court also heard that Chimese does not own shares in Chita Lodge.
In relation to abuse of authority of offense offence, a state witness narrated that Chimese allegedly instructed a ZAF officer to supervise construction works at his property in Twin Palm, Lusaka.
And in her judgement, the court found that the state failed to prove the case against the accused persons adding, there was no proof that Chimese engaged in money laundering because his net worth was inconclusive.
The court found that Chimese’s net worth was not conclusive because the money he accrued while working before he was appointed ZAF commander had not been determined.
“There were some ZAF officers who were not brought to help in the conclusion of this matter especially where the three ZAF officers failed to counter the money which Chimese earned from 1989 to 2018,” the magistrate said.
Magistrate Chanda also found that there were no suspicious transactions on Chimese’s bank account.
Further, there no proof that Chimese abused his office because there was no evidence to show that ZAF officers were not at their places of work and went to work at the private properties in Ibex Hill.
The magistrate also found that an official from the Ministry of Lands official confirmed that the certificate of title for the properties in question at 2303/Q have always belonged to Chita Lodge.
The court found that the totality of evidence shows that the source of the property in question did not show that it belonged to Chimese.
“The prosecution has failed to prove the case in all the counts,” magistrate Chanda said.
A prosecutor informed the court that the State will appeal against the Judgement.
(Mwebantu, Tuesday, 23rd May, 2023)
