DESPITE her lawyers begging the court not to impose a custodial sentence on former Inspector General of Police Charity Katanga, Lusaka chief resident magistrate Davies Chiwbili said he needed to mete out a punishment that will remind those in positions of authority to be honest.
Magistrate Chibwili, who jailed Ms Katanga for three years, said it was important to impose punishment that will send a clear signal to “those of us in positions of responsibility” to be honest.
The magistrate said this before jailing Ms Katanga whom he found guilty in a case she was accused of buying 10 Higer buses worth K26million, using money deemed to be proceeds.
But before she was sentenced, her lawyer Benjamin Mwelwa, pleaded for leniency because his client served the country and protected lives and properties on duty.
“…Until unfortunately today, she has been found to have transgressed the law she protected for her entire life. All her energy has gone into the bottomless pit. She is a first offender who deserves the maximum leniency of this court.
“She has a tag of a convict today, which is enough punishment of a person of her standing in her society,” he said and
prayed that the court gives Ms Katanga an alternative punishment other than imprisonment.
Magistrate Chibwili said Ms Katanga was a first offender deserving leniency but noted the gravity of the offence and its effect on the Zambia Police.
The convict’s conduct stained the police service because the allegations against her happened when she was a very senior police officer who was expected or seen to be chasing after criminals” but “it is disheartening that she was doing the same unlawful things she appeared to be policing.
The magistrate said the convict put a stain on the police uniform that she wore very proudly and the police service will suffer a lack of trust and confidence because of her actions.
“It is imperative for the court to impose punishment that will send a clear signal to those of us in positions of responsibility to be honest and act appropriate in our offices because once caught, the fall from grace is much harder than for an ordinary citizen,” magistrate Chibwili said.
Ms Katanga was charged with possession of property reasonably suspected of being proceeds of crime.
Allegations were that between January 1, 2017 and June 6, 2022, Ms Katanga, jointly and while acing with others, allegedly bought 10 Higer Buses reasonably suspected of being proceeds of crime, allegations she denied.
Through lead prosector, Mukuma Chipawa, the State called over 10 witnesses to testify against the former Southern Province Commissioner of police.
Evidence presented in court was by a Drug Enforcement Commission (DEC) investigations officer was that Ms Katanga’s earnings compared to her expenditure for the years 2017 to 2021 showed an over K15 million excess in terms of expenditure.
The witness also narrated that Katanga’s known income between 2017 and 2021 was over K1.7 million against over K18 million which was paid towards the purchase of buses.
The magistrate found Ms Katanga with a case to answer and asked her to defend herself from the allegaitons.
In defence, Ms Katanga pleaded innocence arguing that she bought the buses from her personal income, monthly salary’s savings and loans.
She also said she retirement money and also borrowed some money which was used to buy the buses.
However, magistrate Chibwili said Ms Katanga’s defence was an afterthought because there were no transfer of funds to Higher from Katanga’s bank account.
The court also found that “none of the funds paid to higher in 2017 2018 and 2019 went through the bank.
The magistrate said Ms Katanga never produced evidence showing that the retirement package she received in 2014 worth K1.1 million was used to buy the buses.
He wondered that If the money that was paid to Higer for the purchase of buses did not come from her earnings as demonstrated in her answers, then where did they come from?
“Where did that money come from especially that it did not come from any of the accounts the accused was linked to,” magistrate Chibwili said.
He said he satisfied that the prosecution had proved its case beyond reasonable doubt and found Katanga guilty and jailed her.
Her relatives cried uncontrollably as the former law enforcer, now a convict, was being led to cell-car enroute to a detention facility.
The rosery clad Ms Katanga, who kept her composure while waving at journalists, waved at journalists as she was led into the car.
Her lawyers said the Judgement was harsh and their client will appeal against it.
(Mwebantu)
Careful madam Hungarian sausage the appeal can be a double aged sword. You may find yourself getting a stiffer sentence palast!!!
In fact the state should appeal quickly, this idiot and others like her deserve stiff and longer sentences.
I guess the idiot has equally found her sentence to be lenient, she wants it increased. Patel you plant, Patel you get. Mulenga you plant, Mulenga you get. But how come Patel you plant and Mulenga you get only? STUPID IDIOTS.