DPP appeals against LUBINDA’s acquittal!
Director of Public Prosecutions –DPP- GILBERT PHIRI has appealed in the High Court against the acquittal of former Justice Minister GIVEN LUBINDA by the Lusaka Magistrate court.
This is in a matter where Mr. LUBINDA was accused of being in possession of property suspected to be proceeds of crime.
Mr PHIRI argues that the trial Court erred in law when it found that the money received by Mr. LUBINDA in his dollar account was not proceeds of crime.
He says this is despite the evidence which was deduced by the prosecution during trial.
Mr. PHIRI further says that the lower Court erred in law when it came to a conclusion that Mr. LUBINDA gave a credible explanation regarding the funds in his dollar account.
He says it was a mistake for the court to rule that the 50,000 United States Dollars paid to Kingsland City as part payment towards the purchase of a landed property was not tainted.
The DPP further questions the Court’s reasoning that the prosecution did not prove the ingredients of the offence on a balance of probability thereby acquitting Mr. LUBINDA.
The Lusaka Magistrate Court recently acquitted Mr. LUBINDA on account that the State had failed to prove its case.
This is according to a notice of appeal filed in the Lusaka High Court.
-ZNBC
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