BARELY a day after Given Lubinda celebrated his acquittal in a case he was facing four counts of possession of property suspected of being crime proceeds, the State has indicated that it will appeal against the verdict rendered on Thursday.
The Anti-Corruption Commission (ACC) says it is currently studying the judgement rendered by magistrate Sanford Ngobola who sat as an Economic and Financial Crimes Court.
ACC head corporate communications Timothy Moono told a media briefing that the commission “shall appeal the court’s decision” and that “currently, we are studying the judgement”.
Mr Lubinda, a former Minister of Justice, was in March 2022, arrested by the Anti-Corruption Commission (ACC) and charged with four counts of possession of properties suspected of being proceeds of crime.
He was accused of receiving US$50,000 dollars from China Africa Cotton Limited, property reasonably suspected of being proceeds of crime and another US$100,000 dollars from Qingdao Ruichang Cotton Industrial Company Limited property reasonably suspected of being proceeds of crime.
It was also alleged that the former Kabwata lawmaker acquired properties reasonably suspected to be proceeds of crime; among them, a house at Kingsland City worth US$260,000.
It was also alleged that he was in money in his bank account domiciled at ABSA Bank amounting to US$280,000, properties are reasonably suspected to be proceeds of crime.
When taken to court, Lubinda, represented by Makebi Zulu and Advocates, denied the charges and several witness were called to testified against him.
He was last September found with a case to answer and placed on his defence at which state he gave his side of the story and called witnessed in defence, in which he denied all allegations and told the court the money in issue was a loan.
And delivering judgement, magistrate Ngobola found that the accused had received US$80,000 from the Chinese company and that money was paid towards the purchase of a house in Kingsland.
Evidence showed that investigations revealed that the accused had received suspicious accounts of US$80,000 and US$100,000.
But the magistrate found that from the evidence, the prosecution failed to prove that the money in issue was proceeds of crime and that a memorandum of understanding the State made reference to was non-existent.
This is so because the money suspected of being crime proceeds was a loan facility and have property number 22/27 as security.
“I am not satisfied that sufficient evidence was adduced in all the four counts to make the suspicion reasonable. 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,” the magistrate said.
“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,” the magistrate said as the gallery was in ululation.
(Mwebantu, Saturday, April 20th, 2024)