UNDER-PRESSURE PF COMMANDER TRIES TO TALK ACC INTO PLEA BARGAIN
THE Anti-Corruption Commission yesterday cast down hopes for powerless former PF intercity commander Francis Muchemwa, when it denied him an easy way out of his legal trouble through a plea bargain.
The Commission said it cannot compromise with Muchemwa on his alleged criminal case of possessing ill gotten wealth as there was no lesser alternative charge it could slap him with.
In this case, Muchemwa and his companies Friltech Zambia limited and Altitude Properties are facing six counts of possessing suspicious property worth over K12 million and obtaining money through pecuniary advantages.
Submitting before Lusaka Chief resident magistrate Davies Chibwili Muchemwa’s lawyer Handson Talanti said Muchemwa intends to enter a plea bargain with the State regarding his ‘dubiously’ acquired properties, pursuant to Rule 8(2)(f) of the Economic and Financial Crimes Act.
“We asked the state if we can possibly go for a plea bargain and a letter was written to the ACC director general (Tom Shamakamba) which was received and acknowledged on May 14, 2024. From that time we haven’t received any feedback,” said Talanti.
“We seek for an adjournment pursuant to Rule 10 of the Economic and Financial Crimes Act.”
In his reply, ACC senior prosecutor Daniel Ngwira said the offense that Muchemwa and his companies are facing does not have a provision for a plea bargain.
“That is because possession of property doesn’t have a lesser offense for example the offense of murder can be reduced to manslaughter,” said Ngwira
“It’s not possible to consider the request by the accused, we have done plea bargains before but possession of property suspected to be proceeds of crime cannot work.”
Magistrate Chibwili reserved ruling for today.
By Mwaka Ndawa
Kalemba