By Staff Reporter
Chief Resident Magistrate Davies Chibwili has dismissed an application by PF cadre and businessman Francis Muchemwa to occupy his house which was seized by the Anti-Corruption Commission (ACC) for being suspected of being proceeds of crime pending the determination of the matter .
In a ruling, Magistrate Chibwili said whilst the court had power to release exhibits to those who appear entitled to them, Muchemwa could not be found to be entitled to that property as of now.
“That is the question under consideration in the main proceedings. Therefore, it would be premature to release the property in question to him and it will send a wrong message about the outcome of these proceedings at this stage,” Magistrate Chibwili said.
“We are concerned with the law and procedures in criminal proceedings and thus humanitarian considerations cannot be invoked or be allowed to mask or interfere with the proceedings. The defence’s application is accordingly dismissed.”
In this case, Muchemwa and two of his companies Friltech Networks Zambia Limited and Altitude Properties Limited are charged with 10 counts of being in possession of property suspected to be proceeds of crime, Evasion of tax and obtaining a pecuniary advantage by false pretences.
It is alleged in the first count that between January 1, 2015 and August 31 2022, Muchemwa possessed property number L/26392/M, a dwelling house valued at K2,500,000.00 located in Silverest area, Chongwe and in the second count, between the same period he possessed property number L/26395/M apartments valued at K4,500,000.00 among others.
Earlier, Muchemwa told court that his lawyer M Mwango had moved to another law firm and that he was in talks to organise another defence lawyer.
The state did not object to the application for an adjournment.
Ruling on the application to adjourn, the court gave Muchemwa a benefit of doubt.
“The accused is given a benefit of doubt and accorded a short adjournment. Since two days were set, the matter is adjourned to 29, Feb 2024. In the meantime, ruling is rendered on one of the applications brought by the defence with reference to one of the properties,” said Magistrate Chibwili.
