Thursday, March 28, 2024

Acquit me, prosecution has failed to prove that the money was stolen -Liato

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Former labour Minister Austin Liato with his wife and sympathysers at the Lusaka magistrate court

FORMER Minister of Labour and Social Services Austin Liato has asked the court to acquit him, arguing that the prosecution has failed to prove its case.

Liato is charged for receiving or retaining stolen property involving K2.1 billion. He has said in his written submissions on the no-case-to -answer defence filed in the Lusaka Magistrates’ Court yesterday that he is entitled to an acquittal because the prosecution case against him has failed.

The submissions were filed by his lawyers from Lukona Chambers and Mutemwa Chambers in Lusaka yesterday.

He is charged on one count of being in possession of property suspected to be proceeds of crime, contrary to section 71 (1) of the Forfeiture of Proceeds of Crime Act number 19 of 2010 of the Laws of Zambia.

Particulars of the offence are that Liato on November 24, 2011 in Lusaka possessed and concealed money at his farm number L/Mpamba/44 Mwembeshi amounting to K2.1 billion, reasonably suspected to be proceeds of a crime.

“Section 71 (1) Act number 19 of 2010 does not absorb the prosecution from adducing evidence beyond reasonable doubt, to show either that the money , which is the subject of these proceedings, is a proceed of any other offence, other than a serious offence under the Act.

“We consequently submit that the prosecution case has failed at this stage. The accused is therefore entitled to be acquitted,” read the submissions in part.

Liato said the prosecution has ‘lamentably failed’ to demonstrate through evidence that K2.l billion found in his possession was proceeds of any criminal conduct.

[pullquote]He said since it was not illegal for him to erect a safe storage in the manner he did, his conduct amounts to safe keeping of money and not concealment.[/pullquote]

He said the prosecution has not established that there was criminal conduct being investigated or prosecuted from which K2.1 billion could have been acquired, as a benefit by him or other person.

Liato said the prosecution evidence to the effect that he issued threats to some witnesses after the police removed money from his farm is a natural reaction.

He said his reaction cannot be considered as evidence of criminal conduct to warrant him being charged for the offence he is facing. Liato said no prosecution witness adduced evidence linking the K2.1 billion in his possession to proceeds of criminal conduct.

He said since it was not illegal for him to erect a safe storage in the manner he did, his conduct amounts to safe keeping of money and not concealment.

The matter will come up for mention and the prosecution’s submission of its written response to the defence submission on March 14.

[Zambia Daily Mail]

81 COMMENTS

  1. If he can’t prove that the cash is legit then the govt have the right to return it the the public purse where it belongs. 

  2. Pity the state politicised this case now this Geezer is going to walk free. I hope they will be much more prudence in bringing the old bonker whose son is on the run to justice. Damn, I now understand why the Mafia & Yakuza don’t believe in the justice system & take things to extreme. Sad but we need that in Zambia especially that ubu ng’o is just too much in our country. it’s like you are watching a movie but it is reality. I wish I had an underground ‘killing squad’ all these geezers would be on it including Kunda.

  3. Not so fast Mr Liato. The question is not whether any one claims this money or not. The money has clearly been laundered, hence the unknown source.

    The question is essentially one of national and economic security and the dimensions of this crime (how many other Liatos are running free out there???). Apart from forfeiting the money to the state, Liato should be squeezed to provide information otherwise he should be sent to jail for tax evasion and money laundering. Wonder if the new IG is up to the task here.

  4. Liato has been in politics and business for many years now. He is eligible to posses such amounts of cash. There are big men and women in business who do not have bank accounts. They put their money in drums in their homes. Liato lost elections and he did not want to be frequenting the bank for withdraws. He wanted to live at his farm peacefully. Acquit him please.

  5. After all 2.1 billion kwacha is a small amount of money for people like Liato who have worked in Zesco and been in a cabinet minister for many years.PF is fishing in dry ponds. 

  6. Is this case only centred on proving whether or not the money was used in the criminal act? Shouldnt Liato be asked to prove the source of that money legally. If this money was legit, shouldnt we have a trail of taxation paid to ZRA? Does the Zambian constitution allow for citizens to deposit such collosal sums outside the banks? I will be very miffed if this baffoon gets away with it. For a clear cut issue like this the prosecutors souldnt be struggling unless they are inept. Time they hired astude barristers at any cost as convictions are overdue to restore order.

    • i like yo analysis. instead of realigning districts, sata’s govt should have done great by sealing all loopholes in our laws.Its a pity pf’s priorities are misplaced.

  7. I don’t understand people saying Mr. Liato must prove the source of his money. Under Zambian law, we presumed innocent until proven guilty, right? Surely the burden of proof rests with the State!

  8. If he gets away with it then corruption fight is a myth in Zambia. ?Government minister burrying money in the ground? Even elephant can fly!

  9. The proof of burden lies with the accused and not the Prosecutor when it comes to Anti Money Laundering. All the Prosecutor requires to do is establish that based on the accused source of wealth and assets, it is reasonable to conclude that the accused would have earned that money and therefore, the state would return all the monies to him, or if found not in keeping with his source of wealth then he forfeits the money to the state and/or imprisonment of 10 years.
    It is true that it is not illegal to keep the money in the manner that he did. However, it is suspicious that he would choose to keep his money in this way if it was rightfully his instead of in a bank earning interest. Liato has to prove himself beyond any reasonable doubt that the money was obtained properly.

  10. I agree I don’t think we are talking about a lot of money here to warrant what this money is going through
    I think this is not in the best of interest of the nation and as such we must stop hounding and abhorring this man.

    He should sue the people mingling with his name fir defamation of character

    Thanks

    • You’re a cheap brag. Your rants expose your ignorance and lack of exposure to the world. Probably Scotland is the only country you have ever seen since leaving Zambia hence you praise it as if it’s heaven on earth. I am well travelled but can’t take your ill informed comments on this platform any more. Having ACCA, CIMA, MBA and what ever academic qualifications doesn’t mean you have money. If you claim this is small money, how come your father never had the same amount? Don’t be cheap.

  11. I love the legal arguments being proffered by the defence.
    It will be equally interesting to hear the legal angle of the prosecution submission

  12. #14 @Mushota your kind are dunderheads who shouldn’t comment even on things beyond your comprehension. This is not about your Scottish Geezer you twit. I have heard your rants & I thought through them I would learn something. I have actually come to these conclusions: 1) Your hate about Zambia stems from your Dysfunctional family & croaked upbringing. stop branding every man on the basis of what your sick dad did to your mum. Abuse is about accepting being abused? Where do you think Tina Turner would be if she said go on Ike continue beating me. If your dad abused your mum deal with that fact stop being a cheap brag. 2) I pitty the Scottish Geezer whom your praise like he is made of presidential timber. Your are cheap. Your family will never own $400,000. I challenge you otherwise.

  13. Mutembo show us your prowess? All the cases of PF end up no where, look at Nerver’s case. The government must do their home work well before alerting the nation.

  14. #14 @ Mushota, I am not done with you yet. Stealing money is not about the amount. Liato just like you are retrogressive Zambians we don’t need. We can do better without you existing. Like I said in my earlier comments, I now understand why a solution to some of these things can end if we eliminate crooks & let society correct itself with most known swindlers, plunderers, embezzlers, corrupt people dead. Crime is not about the amount of money. Your family has never owned $400,000 or estate amounting to that amount. Stop exposing your stupidity in the open.

    • @Abwenzi . I salute you. This mushota thinks with her arse . If she is not blogging shit she is busy licking nicks private parts . She is sick through uku nunkilwa ichipuki chamatanta ya kwa nick.

  15. Our investiagtors and prosecutors are just inept. Surely the burden of proof lies with the accuser to prove beyond reasonable doubt but there also exists derogations that shift the burden of proof to the accused to prove his innocence particularly in matters of money laundering and tax evasion. For a small economy like ours it is unthinkable to keep such an amount at home let alone inter it.

  16. Imwe. the pathetic fools have lost this one AGAIN. Brace yourselves for more embarrasment by the end of parliament season. According to public records from the two banks where this money was withdrawn from, there was no illegality in the way it was earned. thats why the are scrounging for charges.

    Wash-OUT!!! 

  17. The burden of proof lies on the state to prove that the money is staolen , i expect Liato to walk and be given back his money you are innocent until proven guilty.
    He should also sue them for interest how can an intelligent lawyer like Mutembo take a case he knows there is no case.Its a white wash MUTEMBO 0 LIATO 1 if the justice system is fair ,hope there is no ruling written from state house

  18. #16, Abwenzi, dude, do u know how we can tell someone’s new to this blog? Its by the way they respond to Mushota. We have learnt to tolerate him/her and I must admit i wud be sad to see him/her leave.

  19. you wait dont cry foul Sir its a matter of time you will be in jail soon how do you tell the courts to acquit you so soon pressure is mounting now you see you could have helped the poor indeed???

  20. No 14

    I am not condoning the embezzlement of the monies in question, not at all, saying that by default a black man is more likely to still anyway because of the nature of their gene

    The point is, this man has served Zambia diligently during the previous government he I am sure sacrificed his family, probably did not spend as much time with his children because of serving this country as labour minister if what I am reading is correct

    So if he has stolen this money, the costs involved in persecuting him, the unstable nature of the whole saga the scandals engulfing the country in other areas such as wasting $59 000 on silly talentless, clown shoes people awarded for kicking a ball, without realizing that people are dying of anger, is what makes my blood boil

    Thanks

    • So in your delusional world, it is ok for a public leader to steal because they sacrificed a lot for public office at the expense of their family, what a bunch of hog wash?? I thought being in Scotland with your Nick would make you bright but you still on the level of a Zed kaponya who has just been exposed to life at Lusaka Inter-City Bus Terminus. Nobody forced Liato to enter public office he did it out of his own accord. He was getting paid a good salary & allowances & many benefits why does he have to steal from an already impoverished people? With all due respect to your academic achievements, if having an MBA, CIMA ACCA & whatever else in between being with Nick means this, then surely I don’t want to study what you studied.

  21. *steal (not still above)

    also remember what this man is going through, the torment, the witchhunt, the assassination of his character

    Have remorse and let us move on and leave this gallant of a man who served this country wholeheartedly. What do you think his families are going through NOW?

    Do you feel sorry for is wife? Do you know what it means to have sleepless nights?

    And all about the $400,000 I have that well we do our house is worth £342,000 with my fiance and do the math.

    Thanks

  22. Mushota, 
    Clearly has no ideas on how she can help Zambia.
    She just wants to live with Nick in a cold country eating lamb and fried livers.

    If only she could use her collateral in her old damp house and create employment in Zambia instead of bragging about her non existent PHD.

  23. How many of you people have not stolen? Even a pen or pencil is theft. Only you know the truth because I challenge everyone. We all have stolen something in one way or another.
    Lets not judge Liato hence all people are hypocrites. Caristo Chitafya at ZNBC am sure he has some files at his home. Mr Sata also when he was the Health Minister unknowingly took home some drugs/medicine. What about the late FTJ?

    • Sorry kay on that one I may be bemba but by all means stealing is not in my vocabulary so speak for yourself and besides there is a difference between stealing sugar in your house as compared to stealing from your neighbors so there sorry mune if you are a thief do not make yourself comfortable.

  24. The law demands the accused to prove his innocence before the court to be availed justice for theft/money laudering allegations. Technicalities and illegality of how/where the money is stored is obita dicta. Disclosure and source of money test has to be passed by Liato. ZRA comes in later who were denied their tax over that money, BOZ regulation comes in for reducing money circulation in the country by with holding huge amounts of money (hence large sums of money to be held at bank) ACC and Economic subotage offence kicks for Liato to justify his action. Its not about the law being proved right or wrong but intentions of action and its forebearing to society- denying them the right to their money.

    • The facts of the case does not qualify money laundering charge because there was no attempt to bring ‘dirt’ money into the financial systems at this stage. What the courts need to know, however is if Mr. Liato will agree that he owns the money. If Mr. Liato denies any knowledge about the money, then the burden of proof shifts to the state who did not do a good job when they received a tip off. Cops should have trailed Mr. Liato until there was enough evidence to prove that he genuinely put that trunk of money where it was found. Under cover cops should have been used. Anyway, what does Mr. Liato say in his own words about the money?

  25. Silence in court! Hey Mr. Liato, did you say that the money found at your farm is indeed your money? If yes, tell us where you sourced it? If no, then case closed state is forfeiting it after all it belongs to GRZ.

    If you say, you own the money then please tell us how you generated that amount of cash because as far as we know you do not own any cash intensive business. Mr. Liato, did you know that keeping large amounts of cash in your house is illegal under the laws of Zambia?

    If that money is legitimately yours, then show us the invoices and receipts of how the money was acquired and all the taxes paid to ZRA. The only sensible argument you can make is that you do not know anything about the money because the cops acted unprofessionally after receiving a tip off.

  26. #35 ‘The lawyer’, if you bothered to read the story above you will know he was charged with ……’possession of property suspected to be proceeds of crime, contrary to section 71 (1) of the Forfeiture of Proceeds of Crime Act number 19 of 2010 of the Laws of Zambia’.

    Liato does NOT have to say where he got the money if he wants BUT the state MUST say why they think it is stolen. It should be an easy job for the state to do if they have a clue, i suspect they dont.

  27. #36 Me, what does Mr. Liato say in his own words about the money? If he denies having any knowledge of it then the burden of proof shifts to the state, however if he claims that he owns the money, then he can tell the courts how he acquired it. Any which way i see the money being forfeited to the state and Mr. Liato either going to prison or being acquitted. The money will never transfer back to Mr. Liato. There is enough evidence to prove that the money was withdrawn within one or two months, going by the labels on the stacks of money. The police did not do a very good job on this case.

    • Lawyer, grow up. Why are you so hateful. The simple fact is that Zambian citizens, you included, have and will have money. Lots of it. It is wrong for the state to go around harrassing you over your money. In this specific example the state must prove Liato stole the money. otherwise leave him alone. Also, if you really care or have a brain $400,000 is not that much anyway. Just google the value of properties in Lusaka as a start (Knight Frank or Homenetzambia). Most of us can’t even afford them any more. It tells you something.

  28. # 25, #27 @ Mushota, you reasoning is illogical & hence am maintaining don’t expose your ignorance in the open. If you don’t follow a sport you shouldn’t hate people that have developed talent & are earning a decent, honest living from the sport. I bet your dislike of football stems from the fact that your Scottish geezer is incompetent in the sport & has been corrupting your mind with all the alien ways of how you attend to his fantasies hence you are coming up with you the crap about $59,000 paid to Zambian players. #23 dudelove I know Mushota I blog quite a lot, her rants have gone too far. We can’t say we are fighting corruption & imply the amount of money involved is not significant so this fat plum should walk free? A crime is allegedly to have been committed.

  29. “He said since it was not illegal for him to erect a safe storage in the manner he did, his conduct amounts to safe keeping of money and not concealment”. Guys just look at the events of the last five months, CoIs, victimisation of political opponents, election petitions, creation of unnecessary bye elections, Finance Bank return saga, Mpundu Trust, Judge Ngoma’s acquittal outside the court rooms, silly searches by task force, confiscation of even ten bags of maize or two bicycles. To me all this amounts to breakdown of the rule of law. One is tempted to salute Liato for his foresight. He correctly foresaw all this and decided to withdraw his money from the banks and keep it safe and accessible to himself. Proper, natural, and intelligent reaction…..

  30. …..and I can bet you Bob’s ‘fake’ trillions (which the acting president chikwanda and BoZ confirmed to be legal tender) that many other people not only politicians have done what Liato did, except that

  31. #32 @ Modern am back. I was running a few errands. Please don’t personalise these comments lets stick to the issue at hand. I refuse to say the amount of money should determine whether a person should be prosecuted or not. Those who say $400,000 is not a lot of money why aren’t you putting up that money & tell GRZ to discontinue the case? The real issue & bigger problem in our country is that it is so easy to steal, abuse & cheat the system hence all these cases will continue to resurface regardless of which leader comes into power. Ask yourselves this, governments in countries like the UK, US, Canada, France, Germany etc do change hands but why is it that there is no such emerging soon after a new government comes into power? We can never develop with thieving leaders.

  32. Liato accepts the money as his, infact he says the amount was even higher, something like 2.7 billion and not 2.1 but
    he is clear its not from proceeds of crime.

    Thats the issue that will send the verdict either way. Luckily or unfortunately for the taxpayer, he does not have to say how he ‘made’ the money……as long as the state are clueless, it wont be forfeited…

  33. @ Mushota I am still on your case & am not done with you yet. I like to be misunderstood. Again your hate of Black people is incorrigible and one can attribute it to the sick things the black man who brought you on earth did to you & your man. If he is still alive, I suggest you address it with him & not come up with something twisted that it is in the gene of a Black person to steal. How sick can one be? You have gone on about this ranker about black man this, black man that…. Your dad was twisted deal with those demons don’t rant your dirty linen in public.

  34. BANE, NO ONE HAS COME UP TO CLAIM THAT THEY LOST THIS AMOUNT OF MONEY, NOT EVEN THE GOVT. IF THERE IS NO PERSON CLAIMING LOSE, THEN LIATO WALKS. THIS TAX EVASION ISSUE IS A SEPARATE ISSUES AS HE WAS NOT CHARGED OVER THIS ISSUE, BUT THAT OF POSSESSION OF STOLEN PROPERTY.

  35. “He said since it was not illegal for him to erect a safe storage in the manner he did, his conduct amounts to safe keeping of money and not concealment”..I LIKE THIS ONE.

  36. Thats why MMD removed the abuse of office clause from the anti-corruption law. They were covering their tracks. This is why some peole in the opposition will vote with MMD when the government tries to reinstate the law. So any one saying PF has failed is but naive of the real issues here. People stole big time; but the laws are weak to pin them. Surprise, not really, this is what educated people have been doing in Zambia. Next time no mob justice, kabolala baipaya! ati there is law. Sad indeed.

  37. “And all about the $400,000 I have that well we do our house is worth £342,000 with my fiance”

    How can you brag about something that is not even 100% yours, shared with someone you are not in formal union with, so its a joint mortgage, this man/ boy/ girl/ creature is full of B.S. A proud educated African woman you claim to be wouldn’t even dare mention that, that’s the reason you will always be a Fraud. 

  38. Let me give Mr.Nchito a clue. Imagine this scenario. The minimum wage for shoplight workers is K419000 per month and Mr. Botha the MD makes a deal with the big man to ignore workers’ cries for salary increases and instead pays workers only K250000. If the “savings” of K169000 are shared between the company and the big man and for 2000 workers’ wages for twelve months, my answer is K2.1Billion.

  39. Liato, That dream will never be achieved. If you are acquited on this one, be assured of being re arrested for another case. The police are watching you.

  40. Mushota
    Mushota awe kwena ulichipuba koswe! The bottom line fact is that Liato stole that money, Mutembo & his team will soon find the Evidence,watch the space!

    • Prepare to eat your shoe then because any conviction on a charge of being found in possession with property reasonably suspected to have been stolen without the prosecution giving evidence for their reasonable suspicion – may I add, in my personal view that even in Zambia the mere fact the the accused was a member of the ruling party now in opposition does not sufficiently discharge that burden,. How do you take your shoes well done or medium rare? would you like some hot sauce or salads with it?

  41. Sometimes the problem in such cases is the prosecutions inability to bring about the appropriate charge. The current charge against Liato may have been influenced by political exigencies. Did the prosecution consider issues to do with ‘hording money’? There is an offfence related with keeping large sums of money in inappropriate places. If the state has proof of a more serious offence, well and good, but if they don’t they should go with the fitting charge instead of trying to please the powers that be, with ‘perceived’ criminalities of members of the old regime.

  42. All guys above don’t hate Mushota. If this blog was a meal then Mushota would be the hot chillies that we either love or hate. Keep blogging chilly babe but we will spit u out when u are too hot

  43. The prosecution team should update the charge sheet to include, hoarding, corruption, theft, tax evasion as well as intent to commit a felony. From the labels on the stacks of money, there is an indication that the money was most likely withdrawn at the same time. Mr. Liato being a labor minister at the time, that money appears to have come from the crooked employers as a kick back. These are grounds for corruption charge. The investigation should start with when the money was moved from the vaults, what vouchers were used to withdraw the money, investigate the phone records around that time, even going back a year or two. Which people called him and review their accounts also. This is not legit money. New charge sheet needed.

  44. just like anyone else, mushota holds a right to his opinion bt daz nt min the final ruling will go accordin to wt he propagates. Zambian law is nt sufficient PERIOD

  45. Liato is not serious; on what grounds would he be acquitted. Why not put the cash in the BANK Account?? He went to school. Why behave in this manner hiding cash underground?? Raises lots of suspicions. He knows what he has done? Don’t trust MMD Ministers.

  46. All those who have stolen our money should pay with no exception..our beloved country will never develop if we keep acquitting thieves like liato..Thumbs up for our President

  47. Fine you can safe keep it like that if you wish. But can you tell us where you got it???? It should be a legitimate source.

  48. The lack of analysis and patiency by the complainant is what is resulting in this matter going the way it is going.
    You dont accuse people first, then start looking for a case against them.
    All living human beings know that it is a case that makes the complainant accuse the defendant.
    It is not the desire to accuse that looks for a case.
    The same happened to Nervas Mumba, whom they accused first, did their public orrating, and then started looking for a case.
    This PF type of law does not live with humans, may be another kingdom – probably kingdom ‘arthropoda’.
    And the president is amazing!! Who was representing govt over Chiluba cases? Is it not Mutembo Nchito? What was the level of success, first for the 7 yrs of Mwanawasa, and then 2 yrs of Banda? and then SATA makes him DPP???

  49. There are many like Liaoto, that have groan huge stomachs on the expense of poor Zambians. Where did Liato get all that money, cash plus all that property he owns? Some of us are well learned and exposed enough, but the Liatos are pure thieves that abuse their offices for personal gain.

  50. Stupid Mushota. You are suffering in Scotland, just like many immigrants we know. Just because you have an apartment, probably a car and beeing bonked by a white unfortunate sucker does not make you any super star. Life in Europe can be hell, we know about it, experienced it first hand. May be you can lie to your fellow sibblings in Zambia about how nice things are for you there. I pitty you, the truth is, it is tough out there.

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