Ndola Chief Resident Magistrate Kelvin Limbani convicted Mr Mpombo in a case which came up for judgment.
Facts of the offence are that on December 18, 2009, Mpombo, with intent to defraud, issued a K10 million cheque to Colwyn Limited on an insufficiently funded account at Standard Chartered Bank.
Magistrate Limbani said the court had taken note of Mr Mpombo’s evidence that he had December 17, 2009 phoned Mr Terence Findley of Colwyn Limited and asked him not to deposit the cheque the following day since he had cash at hand.
Mr Limbani said the court was convinced that the prosecution had proved beyond reasonable doubt that a cheque was issued and dishonoured and that the account was insufficiently funded.
He said the court was further convinced that the accused was aware of his obligation of paying back the money on December 18 and the consequences of not honouring that obligation.
Mr Limbani said since the accused had organised the money in cash on December 17, 2009, he should have deposited it in the account.
“I am convinced that the accused was fully aware of his obligations and since he had cash in hand on December 17th 2009, he should have deposited it. “Therefore, I find suppositions by the accused that he had called Mr Findley on December 17th 2009 asking him not to deposit the cheque as a mere afterthought meant to conceal the fact that he willfully had intent to defraud and I, therefore, convict him,” he said.
In mitigation, defence Lawyer Bonaventure Mutale asked the court to accord Mr Mpombo leniency by giving a penalty of a fine as opposed to a custodial sentence because the complainant had suffered no loss.
“I am humbly asking the court to accord maximum leniency to the accused person by considering a penalty of a fine as opposed to imposing a custodial sentence, considering that he repaid the debt at the earliest opportunity and that the complainant has suffered no loss,’ he said.
He further said the circumstances surrounding the case did not show any aggravation.
Mr Limbani reserved sentencing on August 9, 2010 and remanded Mr Mpombo in custody. – ZANIS.
The judge is reading into the evidence when he is supposed to decide based on the face value of the evidence. The party allowed to read into the evidence to the point of exageration is the prosecution – that is their job. To prove intent/motive. It is clear from the few uttrances amde by the judge and contained in this article that the judge was prosecuting.
This is Jungle Justice!
Drama at its best. MPombo’s case and circumstances surrounding this case does not call for or warrant dent ion. He is a first offender. Even though he has been convicted by the court,he paid what was owed .There was no intent to deceive. In the interest of the public, cases like this should only call for a fine to first offenders in order to deter them from repeating the mistake. Does it make sense for the tax payers to start spending money on security, food and other expenses that comes with dent ion of Mpombo who is not even a danger to society? The man paid back and unlikely ever to have a returned check. If we use this case as precedence I wonder how many people we are going to have in jail and how much money the country will spend on them. Fine him the maximum penalty, make a…
statement and let the loser go!!
Was the alleged offence committed? Let’s debate. I initially thought Mr Mpombo was being victimised but with
The magistrate’s statement am now thinking otherwise.as an honourable member of the society he should not have
Issued the cheque. If he issued the cheque then he should have deposited his cash into the bank so as to allow Findlay
Get his money. What we should be looking at is the calibre of MPs we have. The same laws they make in parliament are
The same laws they get convicted on. Do they even understand these things? They are busy making money while in power
But forget to understand the very things the people send them to parliament for. The way this old man rants, one would
Think he is forever on the right side of the law.
And all the post would say is Mpombo explains his detention! I leave it to the people to comment. What Mpombo needs is just lenience otherwise he committed the offence.
‘Good work’ by our court but legacy on the line. I want to see same treatment given to Lucy Changwe, the deputy minister. Surely if Mpombo is convicted on grounds of a bounced cheque then why is Lucy Changwe still enjoying her freedom. Animal farm at its best.
IT IS TIME UP FOR MR MPOMBO. THINGS A HAPPENING TOO FAST FOR HIM. CONVICTED IN COURT AND CONVICTED IN PARLIAMENT. HE SHOULD LOOK FOR THAT MONKEY WHICH BEAT HIM IN L/STONE.
It less than a week when Mpombo was suspended from parliament for an offence the a rebel hon MP machungwa made as well on Kambwili. As if that is not enough, Musonda shot a lad & is still scotfree pending the usual court presedinglys that never come to anything. We have seen it before. First offenders are incacerated even when their offences do not at all mean a threat to the public & in any case-this should invite a fine instead of prisonment. While Fred saw it, from which ever point of view of the law i know-the post had offended the people of zambia as a person but Fred met the cost. MK, you are right in all your sentments, but Bro! Take a look thru thin glasses & tell me why Lucy Changwe with the same offence, same position-hon, & has not even paid back 1/2? Is that fare? Are the…
Thats your hero you bsatrds.
Foolish dodo. Foolish boy. He is a foolish fool.
2010 I totally agree with you! We have to wait and see if the police will cage Lucy Changwe that crooked woman who has also bounced cheques left, tight and centre! We also have to see if RB will be as benovelant to Mpombo as he was those Ndola PF chaps! The law is Zambia is selective and it remains to be seen what the Chief Justice or DPP will say on this matter! Long live Animal Farm!
Facts are that Findlay was told by Mulongoti and RB to go ahead and cash and report Mpombo to Police. Findlay was told by Mpombo not to cash the cheque and went ahead and cashed it and it bounced. George travelled from his farm to meet his Findlay the next day (and gave him the money by the way) and found Findlay had reported Mpombo to the police. Remember that Findlay had openly said that he hates the Lambas (Levy, Mpombo, e.t.c) because Levy wanted him caged for sleeping with a 16 yr old Kansenshi high school girl. HE LEPT WITH A MINOR, not that he is alleged. I know his character (lives in mansion with no wife). From what the judge said ‘ …him not to deposit the cheque as a mere afterthought’ speak volume. The judge knows that Mpombo acted responsibly by phoning the rapist TF. **==
You are a galant soldier….dont give up…fight for what is right……..tell the nation……..This country needs such fighters…..we will not develop this nation with this docility in our country…everything is YES bwana…even when things are very wrong we want to bwana our boses…bootlicking is SIN…for the believers in Govt ..it is shameful to support injustices, oppressions,torture of innocent persons..God will not spare you……
#12 those are the facts………..but for how long these minions will continue oppressing the JUST in our society……IT IS A MATTER OF TIME……..The bible in Ecc 3 tells us that their is time for everything….we have had so many politicians, presidents but where are they??????????? people lack wisdom…when God gives you an opportunity like that…serve HIM with a pure heart. use it to uplift others and not to oppress or surpress others…. YOU WILL NEVER HAVE SUCH AN OPPORTUNITY IN LIFE…..and you will have yourself to blame when that Day comes???
Allow me objective zambians to comment on the biased and unobjective reporting of our beloved Lusaka Times (LT). This paper should cover the opposition equally. Even the latest news on Chifubu and Luena leaves a lot to be desired. LT covers ‘PF wins Chifubu…’ with short paragraph such that the only content they cover is the ‘meanwhile part of it where Fodep laments the aparthy. Same on’ Mulupi wins luena..’ coverage in which LT just reports a few lines on the headline related stories, but spends all the efforts reporting about some ward were the MMd has won giving an impression MMD is doing well. Meanwhile LT doesn’t give that time to the wards in Kitwe where state house spent time & money even sending a political cosultant FTJ. You can do better LT. Stand between Post & Times of…
The precedence has been set….Zambia is indeed ANIMAL FARM…..NALEKA!!!!
I find our govt lucking proper & timely judgement. Mpombo was our defence minister not long ago. I judge it unwise to push him to the wall even tho he is an innocent and faithfull man. This is national insecurity! Take me by ma words.
Mpombo should have issued a cheque to TF. He has himself to blame.
Mpombo should not have issued a cheque to TF. He has himself to blame. Because he knew the outcome.
It is indeed sad,Findlay should have been more humane, the man paid back the money why proceed with the case.This case as a potential to ignite the bad politics of tribalism.
I have no problem with jailing Mbompo but I am really sadened at how selectively the law is being applied in Zambia. Lucy Changwe is free though she comitted the same offense as Mbompo. Why has she not been arrested for the past 3 months now?
Ala efileta inkondo muchalo ifya musango yu.
In the picture I bet “honourable” Mpombo is making frantic calls to some of the people that he has offended! One down, several more to follow…… It is such a relief that our children will now be saved from this foul mouthed old daddy, shameless for his age.
Is it just me or has anyone else noticed how the insults have reduced of late, not even HH is in the news for that.
This is very political, how many checks bounce everyday in Zambia? We’re setting a very bad precedent and this is another comedy of errors indeed.
23, But this is a very good example to offenders, the law is very clear and if you want to be spared don’t break it. The bad precedent is issuing a rubber cheque when you know that you are breaking the law, and you are the law maker for that matter. Whom did Mpombo make the law for, you and me and not himself?
23, Comedy of errors? A famous personality who thought that he was untouchable was sentenced to jail six months for this. The people and party that he counted on for support have remained silent, well a few pockets of uncommitted noises here and there and finally they are silent.
My friend, don’t invite problems to yourself and your family by parroting things that you do not understand or don’t benefit you in any way.
17 According to you, Mpombo should not be jailed because he was defence minister and is privity to information of state security nature. Are you not one and the same person who stands on the ant hill demanding the skin of one FJT? Have you forgotten that FJT was president of Zambia for two terms and possesses much more sensitive information than the antelope Mpombo? Perhaps then we should be praising FJT for remaining silent on state security despite the torturous trials that he was subjected to since he left office.
ITS COMMON SENSE YOU BLOGGERS THAT MPOMBO WAS JUST ‘GANG-RAOED’ BY FINDLEY, MULONGOTI, RB, CHILUBA AND MMD WHEN OPPORTUNITY PRESENTED ITSELF TO ‘GANG-RAPE’ HIM. How many of you bloggers haven’t had in their life time cheques, or standing orders bounced at your banks? In fact theirs a penaulty for that at banks. If Mpombo has been penalized by the bank it means hes being punished twice. I think Mpombo acted honourably by quickly phoning Findley to ask him not to cash-in the cheque. What about being a tribalist or racist-is it not a crime in Zambia?
It was probably Mpombo’s habit to bounce cheques. Find out Peter, we should be working on facts not politically tainted conjecture. If you can’t find out, then let’s rely on the Magistrate’s findings.
By the way at 19.00hrs news both LAZ and TIZ have supported the conviction. Both have stated that everybody should respect the law, the law that Mpombo made, just like I stated on my blog at 24.
Justice is justice especailly when and where there is a level paying field.while we know that its again our zambian laws to issue a bounced cheque,its also not right to treat people with the same offence differently.Our lady minister Lucy Changwe from Mkushi gave someone the same cheque over the purchase of a house and the police have not even moved an inch up to now.Can we call this just and fair.ATI CIWAMINA GALU KULUMA MBUZI NOT MBUZI IMALUMA GALU.Thats why these people in this bandwagon just have to go.We desperately need change and probably a repeat of what happened in 1991.I dont mind whoever becomes the president of this nation provided ba mulya mweka Dollar baya.MMD kuyabebele!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Remanding Mr. Mpombo in custody over this matter seems rather harsh , but not surprising considering the high profile attacks he has been carrying out on the MMD.