Findlay writes JIT over forfeited vehicle
Kombe Mataka
LAWYER Jonas Zimba says he has written to the Joint Investigations Team (JIT) demanding release of his client Harry Findlay’s car which was forfeited to the State among other vehicles on Monday.
Zimba told The Mast that the JIT was aware that Findlay’s vehicle which was seized and later forfeited to the state was up for sale at some place along Kafue road.
“They seized that vehicle from a place on Kafue road called Star Shell and before the client (Findlay ) left jurisdiction, he left that vehicle there for sale. So they were aware of where that vehicle was. They were aware of where they seized the vehicle from and they have never called our client to come and explain about that vehicle but for their benefit we have told them that our client obtained a loan from DBZ which was meant for purchase of vehicles and that is how he purchased that motor vehicle. So his is just one vehicle from those that were forfeited,” Zimba said. “If they don’t want to release the vehicle, we are going to court. We have explained to them that there is no one they have charged with the offence of possession of property reasonably suspected to be proceeds of crime. A forfeiture will only come in if you charge someone with that offence and then the court convicts them. The court is the one that convicts and orders for forfeiture not them (JIT). Our letter went to JIT and in fact that JIT is an illegal thing. There is no such thing.”
He warned that Findlay would take the matter to court if his vehicle was not released by Friday.
Zimba insisted that the owners of the other cars in question had a right to claim the vehicles because JIT had no right to forfeit them before summoning and charging its owners, where it suspected criminality.
“You see when you look at all these other vehicles they are talking about, most of those vehicles involve the late Suzyo Nyika and the matter is in court. We are not handling that matter. Some of them belong to the Patriotic Front and there’s been claim. Some of them belong to a company called Behlum [Trading] and there has been claim so for them (JIT) to come and say these vehicles have not been claimed and therefore they have been forfeited to the state is extending the law,” said Zimba.
On Monday, the joint investigations team (JIT) comprising officers from Zambia Police Service, Anti-Corruption Commission and Drug Enforcement Commission announced that 24 unclaimed motor vehicles valued at K21,869,419 had been forfeited to the State.