State frees former ZRA boss of abuse of authority
THE State has dropped the charge of abuse of authority against former Zambia Revenue Authority Director general Kingsley Chanda and his co-accused Calistus Kaoma.
The duo is accused of disposing of 22 vehicles belonging to ZRA without following guidelines.
Chanda 53, a consultant of house no. 17941 Tokyo new kasama and Kaoma also 53, a consultant of plot no. 126 Makeni Oriental were charged with 22 counts of willful failure to comply with procedure and one count of abuse of authority of office.
It is alleged that the two Between January 1, 2017 and December 31, 2020 being public officers at the Zambia Revenue Authority a public body wilfully failed to comply with the law and procedure relating to the disposal of property in the manner the disposed 23 motor vehicles belonging to ZRA.
The duo was also accused of abusing its power in the manner it disposed of a Toyota Hilux and prejudiced government.
Among the vehicles are 13 Mitsubishi pajeros, a Nissan hardbody, a Nissan Tida, Nissan microbus, a Toyota Corolla, four Toyota Hilux,l and a Toyota prado.
Appearing before the Economic and Financial Crimes Court the duo could not take plea before principal resident magistrate Sylvia Munyinya as the charge sheet was faulty.
James Mataliro who is representing Chanda and Kaoma requested the State to choose a charge which they intend to pin his clients on, as count 12 and 13 bordered on the same facts though the charges were different.
He said his clients were is likely to be penalized twice over the same case as there was a multiplicity of charges and the Court risked violating the principle of double jeopardy.
“A perusal of abuse of authority and wilful failure to comply with procedure are all based on the manner in which a Toyota Hilux ABM 8166 was disposed of. Should this court convict the accused on both counts based on the same allegation, the accused will be liable to be punished twice,” said Mataliro.
“It prejudices the accused persons in the manner in which they need to defend themselves. The State should exercise its liberty to decide which offence they will charge the accused on either abuse of willful failure in the manner the car was disposed of to prevent them from the double jeopardy prejudice.”
State advocate Sipholiano Phiri indicated that the charges in question were different and out to be treated as such.
Magistrate Munyinya noted that there was a repetition on the charges and directed that Chanda and Kaoma will not take plea until the defects are corrected.
“A study of the two counts reveals that the particulars of the two charges relates to the manner the accused disposed of the vehicle.
The offences are based on the same facts and this amounts to multiplicity of charges and the accused cannot take plea on both counts,” she directed.
Phiri made an application to amend the indictment and dropped the charge of abuse against the duo.
Magistrate Munyinya further guided that the State produces clean copy at the next sitting and the same should tally with the consent to prosecute the matter which has been issued by the Director of Public Prosecutions.
“The charge sheet be amended by the removal of count 12,” said Magistrate Munyinya.
By Mwaka Ndawa
Kalemba July 12, 2023.