By Esther Chisola
The Lusaka Magistrates’ Court has convicted and sentenced former PF intercity commander Francis Muchemwa to three years imprisonment for possessing tainted property and ordered him to pay K141, 400 as restitution to ZESCO.
Chief Resident magistrate Davis Chibwili also fined his companies K200,000 in each count.
This is a matter in which Muchemwa was jointly charged with two of his companies namely; Friltech Networks Zambia Limited and Altitude Properties Limited with 10 counts of being in possession of property suspected to be proceeds of crime.
In delivering judgement, magistrate Chibwili observed that some prosecution witnesses knew accused number one before taking stand, and there was no animosity.
“In Count nine, Muchemwa is charged with obtaining pecuniary advantage between January 2020 and August 202. He obtained subsistence allowances from ZESCO, as a security inspector. Muchemwa’s phone location showed that he was in Lusaka when he told court that he travelled out. I accept prosecution evidence that Muchemwa did receive the said money from his employer. I find him guilty and convict him accordingly,” ruled the court.
In his mitigation, Muchemwa said he was the first offender and a breadwinner.
“The now convict Muchemwa is a breadwinner who has three families to take care of, his parents, the wife. In additional to custodial sentence, if they are imposed, they have a sick child that needs special care because of the special condition,” he said.
He further asked the court for leniency.
“We pray that this court, has power to order for a suspended sentence. The now convicts are remorseful of their action, and we pray this court may exercise maximum leniency. Section 16 of the CPC, talks about the power of the court to suspend a sentence. We pray for a non-custodial sentence,” said Muchemwa.
The court however, observed that the offences Muchemwa and others were convicted of were serious offences and had unfortunately become prevalent in society.
“I therefore, sentence Muchemwa in counts one to six to three years with hard labour each count to run concurrently. And fined him K141, 000 in count 9, money to be paid back to ZESCO. And for the two companies, Friltech Networks Zambia Limited and Altitude Properties Limited, the representatives have been fined in count three K200, 000, in count four K400, 000, in count five K200, 000 and in Count six K200, 000,” ruled the court.
