The Director of Public Prosecution (DPP) Mutembo Nchito has taken over the case in which former Labour Minister Austin Liato is accused of receiving and or obtaining money amounting to K2.1 billion.
The DPP also told the Lusaka Magistrate court today, that the indictment has been substituted with a new one in which the accused would take plea.
Before Magistrate Aridah Chulu was 46 year old Austin Liato a who pleaded not guilty under the new indictment.
The accused is alleged to have been found in possession of property suspected of being proceeds of crime contrary to section one (1) of the forfeiture of proceeds of crime Act number 19 of 2010 of the laws of Zambia.
Particulars of the offence are that on November 24, 2011, Mr. Liato did allegedly possess and conceal money at his farm number L/Mpamba/44 Mwembeshi amounting to K2.1 billion reasonably suspected of being proceeds of crime.
Trial commences tomorrow January 19, 2012 at the new magistrate Complex in Lusaka.
ZANIS
This greedy moron is onl 46 years old
Who has a bigger pot bellie between the thief and and the prosecuter?
I think GBM beats them both.
is he a football player ababweshe imyaka………why DPP taking up the case?someone tell me please……
DPP will make a fool of himself, anyway, i think it does not matter to him as he has none to begin with.
Do they know where the money was stolen from?
That rubbish won’t work! We have not recognised the stupidity that George Kunda brought with him. This ***** is going down!
This is one thing people fail to understand. If someone can not expalain their wealth and criminal activity is suspectedd, it is very likely a conviction will result. This is the same stragy used against drug dealers, I am sure you do not expect the govt/prosecutors to come up with sources of wealth/mpney by trucking how a drugt-dealer made their money. It is up to the accused to prove that what is being alleged is actually not the case. Because common sense would dictate that that kind of (colosal amount of money) would be sitting in a bank account if it was clean. Drug dealers and fraudsters get nailed by this legal principle all the time, even Western countries—-that is not withstanding the burdern of proof being on the prosecutors!
ZAMBIA is losing more than US$500 million a year in the gemstone industry due to a poor export monitoring system, Mines Minister Wilbur Simuusa has said.
The minister has also called for increased supervision in the export of base metals in the mining industry to enable the country realise full benefits from the global market.
Mr Simuusa said in Chingola that, the gemstone industry only declared $2 million as revenue last year, when the world market had declared about $700 million as the value of the gemstones from Zambia.
MMD Deserved to go!!!!!!!
Mr Simuusa said in Chingola that, the gemstone industry only declared $2 million as revenue last year, when the world market had declared about $700 million as the value of the gemstones from Zambia.
Cilankalipa sana nemo ne mu lamba what the govts have been doing to gemstone mines.people have enriched themselves at the expense of the country let alone the residents in chief nkana and lumpuma.please help our people.
The thief smell money, gold bungle, gold watch…uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuh
I can imagine him wearing the gold watch mu chimbokaila.
#4, don’t think the DPP is a dull guy. In any case, K2.1b was dug out of Liato’s property, that’s a case already, by law, simple.
DPP’s office is a busy one. Why spend time on this case, is that Nchito does not understand what is expected of him as DPP or he is working under the sorting out instruction from the Head….. We have a nation which has no time for development but for jokes
Critics criticize even criticism! Your comment does nothing, but fulfill this adage! Director of Public Prosecution is by law a Prosecutor himself who can prosecute (in person) any criminal matter. It is like saying inspector of police cannot investigate a case in person or arguing that Director of Investigations at Anti-corruption Commission cannot be a case officer in a case.Â
Nchito iyo…tiyeni nayo! 2bn unaipeza kuti. kamba mushe.. uzanya anso!
Dpp and liato are thieve’s.
Go for them Nchito, you know them better.
@ Matac0 Yanjoka, how will the DPP make a fool of himself?? pls note that the charge has now changed.. It’s no longer that of receiving n retaining stolen property but being in possession of property suspected of being proceeds of crime…
1) pls note how the word ‘suspected’ is used here
2) instead of narrowing the offence down to stolen property, the term used here is ‘crime’ which could range from fraud to anything our minds can conceive……….. THIS IS CERTAINLY A BETTER CHARGE in my opinion..
keep it this is the analysis needed on this forum
These guys need to fry……..that’s a lot money for Liato to have
what business does he do to have such money, because it’s sure not from being a unionst and a deputy minister.:-w
Taking over means what in this case and taking over from who? As the prosecutor or as the person giving prosecution instructions, which in any case is the job he is employed to do.
By taking over they mean he has only done so following him being sworn only last week. Prior to last week he wouldnt have done so and I presume someone in the acting position may have been dealing with the case
I urge you ba Lusaka Times to have serious court reporters rather than misleading us like this. Liato hasnt been charged under section one but section 71(1) of the Forfeiture of Proceeds of Crime Act no. 19 of 2010. We no await to hear where Liato got that money from and why it was buried.
The new indictment  marks the end of Liato. He will go in whether he likes it or not because he has to prove to the court that the money was not stolen. If not stolen why hide and not just hiding but burying at the farm of all places.
While Zambians are spending millions looking for farming land for productive ventures, these thieves where getting land on a silver platter and using it for criminal activities.Â
Go, go Nchito! Wapya munzi manje, wina azalila!!!!!!!!!!!
Both Liato and DPP are criminals.Who is a better criminal between the two? None.
We have waited for too long to have these cases of plunder and theft taken before the courts of law. They say justice delayed is justice denied. Let the guilty get punished for the crimes they have commited against the nation and let the innocent set free.
well done nchito, nail them one by one. its pay back time.
Who saysburrying money at yo farm or under yo pillow is a crime? 2.1 billion is not alot of money. Any fool in Zambia is able to have 2 billion.
Sounds like a reasonable indictment. If it was not for the MMD change in the law, this would not have happened and Liato under the so called clause 4 would have walked. Now, whatever happens, Liato loses the dosh even if he does not go to ndende.
Word of advice to all of u who were kids in the 90s….
Join PF
@ Pepecho suffering, its up to the DPP to prove that liato stole that money and not the other way round. Remember innocent till proven guity or is it the opposite in the pf govt?????
…..don’t complain. It doesn’t help.
Join us.
The DPP has every right to personally prosecute any case that he feels is in the public interest. In my view, Liato’s fate is now sealed, he is going to jail.
my indian friend has 3 billion in his house in kamwala….
Critics criticize even criticism! Some comments here do nothing, but fulfill this adage! Director of Public Prosecution is by law a Prosecutor himself who can prosecute (in person) any criminal matter. It is like saying inspector of police cannot investigate a case in person or arguing that Director of Investigations at Anti-corruption Commission cannot be a case officer in a case.Â
The preamble to the Act he has been indicted reads as follows;
An Act to provide for the confiscation of the proceeds of crime; provide for the deprivation of any person of any proceed, benefit or property derived from the commission of any serious offence; facilitate the tracing of any proceed, benefit and property derived from the commission of any serious offence; provide for the domestication of the United Nations Convention against Corruption; and provide for matters connected with, or incidental to, the foregoing.Interesting charge for Liato.
Go Nchito go,like your name means “work”,nail them,lock them and throw the keys away.The DPP is the chief prosecuter in Zambia and he is at liberty to personally prosecute any case he feels comfortable with,he does not need to be directed ,pushed or intimidated ,after all he is an officer of the court and member of the bar so nothing stops the DPP from entering court,mwafwa mwalemana
what wrong have i done here ma bro? tell me.
sorry bro, ba lt keep on shifting posts. meant for #32
21 you are a big fool .have tried to round the compound and see how the people of zambia are in problems.chingalu iwe
Who did he steal it from.l What is the minimum amount one has to keep in his home? What does the law say on the amount? Let us not judge through jealous but by the LAWS. Accusing this man as stolen when there was no complainant in question tantamount to freedom of peace. Unless they arrest him over burying cash
Reasonably suspected of being proceeds of crime.
Name the CRIME and the COMPLAINANT.Otherwise this is what sakwiba calls fishing.
Reasonably suspected of being proceeds of crime.
Name the CRIME and the COMPLAINANT.Otherwise this is what sakwiba calls fishing.
Reverse engineering from the proceeds into the “crime”?
I told you!!!! next ka Tandiwe…..
Now warning.
If you want to bury money ,then do it yourself and there should be nobody watching.
But sorry the man is beyond obese to dig let alone perform matrimonial women’s rights.
The new charge sounds more intelligent and Mr Liato might be in SHIT!!! Weldone DPP
I sent that money to Liato and I thought he deposited it at the Bank. Iam coming back to Zambia to get my money back from PF and infact I gave him K6 Billion.
So people stop accusing and harassing Liato over my money.
Iam smiling because Liato will walk a free man, its my money that he buried.:d:d:d:d:d:-?
The coach player, himself….ati bafana basobelesa bola…..lol
Zambians are yet to witness more episodes insanity creeping into our legal system. This is a case of **”SEND A THIEF TO CATCH A THIEF”**, Should Mr. Liato engange a well-versed sharp lawyer, then this will entail the demise of Mutembo Nchito’s legal career. Nchito struggled for years and failed to dislodge the efficiency of the Legal Team that defended FTJ Chiluba. We followed FTJ’s case to the letter, and certainly we were not impressed by Nchito’s legal prowess in Courts of Law. Only the least educated PF members consider their DPP as being of legal substance. Nchito is only best qualiffied to sign BIRTH AFFIDAVITS in his Chambers – FULL STOP. More drama for the Year 2012. A Pagan is obliged to question if God ever exists in this Universe.
Kamwendo I think you do not understand the simple rules of evidence.SDearch for Prof.Muna Ndulo`s analysis of the Chiluba Case.Mutembo never lost that case.The judgement was doctored.Big ups to Mutembo who a Chief prosecutor for setting this precedent.
Liato 46 years old, no ways, a bunch of years are obviously missing here. I’m 49 years old, started school when I was 6 years old and Liato was two years ahead of me at school and was much bigger and taller signifying that he was indeed older. How come now all of a sudden he is three years younger than me? A couple of years are missing here and since it is not possible to remain fixed in age, Liato is lying. You bet he faked his certificates whence the ‘growing younger’ or reverse gear strategy. Nchito, iyo nchito inangu ya oneka ka!
Dpp dnt take pipo 2 court if u r nt sure. Beta 2 wait nd hv enough data nd win than 2 b fast nd lose. Dats my hard earnd mula Dpp payn 4 yo fuel nd huge allowances.
@41 spot on most zambians have not realised that some of the cases started under Mwanawasa and prosecuted by nchito resulted in acquittals which are sound in law and nothing to do with a perceived lack of an independent judiciary. even the FTJ case was not properly prosecuted and the judgment is one of the best in this country although the magistrate may have misdirected himself on one or two things.
Dpp dnt take pipo 2 court if u r nt sure. Beta 2 wait nd hv enough data nd win than 2 b fast nd lose. Dats my hard earnd mula Dpp payn 4 yo fuel nd huge allowances. So dnt worst it.
impafu
pot berry will be finished muchimbokaila.liato is fool who does not deserve a place in a free zambia-let him go to where he belongs-jailcell.am glad is not my father.i imagine how his children are feeling.parents dont make us look like fools otherwise tukalamikana!
People in Zambia are very sleepy!! Sata is RB’s mbuya, they’re from the same old school, surely how do you expect these guys to go after each others throats? Sata and RB drink coffee together you blind followers wake up!! Politics are an incredibly dirt game wake up people!! Go for the young generation you *****s!!!
@terminal muti: perhaps the complaint against the former minister can be amended to include the charge of stealing those years you notice missing, as well.
Ba fee color the case is not WHERE and HOW he got that money.
.. the big case is the method used to bank that money
… If money is not in ‘seculation’Â how can we develop our GDP
… I see why in Zambia we are having 2 currencies on the market
… Liato, should be punished for b’ring money in his farm and not worsting tym to find out where he got money from ba fee color napapata…
I think this will be a test for the judiciary and perhaps it has not been thought through by the DPP. I think it will be in order for the defence team to raise a point indicating that the prosecutor is unfit to handle this case relying upon the Court Judgement in Phiri’s case as evidence. I do not think a Court of Law can ignore such a point and will have to make a ruling on it. Once “labelled a criminal/liar in court” it becomes difficult to shed it off. This very point should offer some reliable answer to all those suggesting that “we are all “not clean” & have lied in our lives” and therefore Nchito should be left to carry on as DPP. Some professions, like Law, Medicine have ethical standards to adhere to and Nchito should know better not to “insult” a court in the way he did.
A good number of public prosecutors are CORRUPT, so NCHITO cannot trust most of these guys and the DPP does not want to risk this very important case. Already the initial charge had a BIG LOOP HOLE through which Liato could have escaped. Plunderers must be mourning and wailing now. Bravo DPP, we love you and trust you
Nchito only lost the dubious Chiluba case that was corruptly acquitted. Chiluba gave an unsworn statement in court in order to avoid being cross examined. The Judge cannot depend on an unsworn statement to rule in favour of the accused who refused to state where he obtained the money in ZAMTROP account he claimed to be his money and used to pay for girl friends, fees etc
These charges are the only ones likely to get a conviction. However, they are easily defended although it might not be so easy in this particular case. Regina Chiluba was acquitted on similar charges of being in possession of property believed to have been stolen/unlawfully obtained. One key defence is for a wealthy man of good standing coming up to testify that the gave him the money. That will derail the prosecution case. Having said that, I want to see this guy sent down because unfortunately I have condemned him to have plundered this money from the meagre public resources.
Honestly, If my dad were burrying K 2.1 BN, I’d be concerned. That’s not a lot money for family reserves. That said, he needs to return the money if he stole it.
This case will drag on for over 5 years and the verdict will be “not guilty due to insufficient evidence”. and Nchinto’s pocket will be full lol
This is MWANAWASA’S inlaw they have a child with mwanawasa’s daughter, what could levy have done !!!
interesting nchito asebana nomba. Lets wait and see he has rushed in to this head long to try and cleanse himself of the wrongs but awe kwena its another task force revisited. Mind you under the nchito nkole led task force cases were brought to foe but none were won on behalf of the zambians apart from the flawed london judgement which was a class above nchito..
Ronaldo wat does levy (mhsrip) have to do with the matter at hand?
Liato will have the last laugh. the key question in this matter is whether Liato has both the ability and capacity to have K2.1 billion. The answer is a BIG YES. Fact of the matter is that LIATO has built his cash asset/financial base of K2.1 billion over period of 10-15 years. The guy is a former Minister, former deputy minister, former MP, former union leader/employee of ZESCO etc. Of course, the guy has a number of business interests e.g. Kaoma. What makes NCHITO and the PF government think that LIATO cannot earn this money geniunely? People will be shocked to discover this guy has house in kalundu worth 2 billion.
THe cat is let loose…Nchito swaaaaaaaa……… Liato must be shivering and has wee weed in his pants imediately he heard Nchito has taken over prosecution of the case. The guy(Nchito) is damn good lawyer and he knows prosecution very well. Liato start preparing for cHIMBOKAILA
Heeeeey! #4 how can you show your dullness to the public like this? Dont you know that when money like 2.1b is put out of circulation it affects the economy and KWACHA deppriciates, let the man(Nchito) do work fast bcoz justice delayed is justice denied #8 help #4 to learn more on matter lastly go back and start school in grade seven (7)