THE prosecution has urged the Lusaka Magistrates’ Court to find former Minister of Labour and Social Security Austin Liato with a case to answer and put him on his defence.
Liato is charged with one count of receiving or retaining stolen property contrary to the Laws of Zambia, the offence which is in connection with the K2.1 billion found buried at his Lusaka West farmhouse.
Director of Public Prosecutions Mutembo Nchito said in a written submission filed in Lusaka on Wednesday that Liato should be put on his defence because he has committed an offence.
“On the basis that the prosecution only has to prove its case on a balance of probabilities, we submit that the same has been done in that the accused person had colossal sums of money buried in the ground.
“This money did not come from any of his known source of income. On that basis, we submit that he has committed the offence as charged,” Mr Nchito said.
He said evidence of the prosecution is reliable because it has not been discredited in any way during cross-examination by the defence.
Mr Nchito said it is the prayer of the prosecution that Liato is put on his defence.
He said it is clear from the evidence on record that Liato is in possession of K2.1 billion which is in issue an the case.
Particulars of the offence are that Liato on unknown dates but between September 1 and November 24, 2011 in Lusaka received and or retained (K2.1 billion) knowing or having reasons to believe the same has been feloniously stolen, taken, extorted, obtained or disposed of.
[Zambia Daily Mail]
Ok, let’s move on.
Money laundering
Let Liato be given his money. No body reported to have his money stolen.
You are actually spot on. There has been no complainant who went to the police to report that he/she was missing the money. Xavier Chungu and his friends were acquitted of stealing tractors and speed boats simply because his lawyer Patrick Mvunga told the high court that there was no complainant
Please stop expressing your shameful ignorance on how crime is committed. So for you if you are selling dope and you end up amassing lots of money, you would have not committed a criminal offence since no one complained that they are missed cash?… ukutumpa muleke bamukukulu
Indeed there is no honor among thieves. Look who is talking——-And yet Nchito himself has lots of cases to answer. What a shame!
Mutembo, you are wrong, that money was found on a farm! What happens on farms, people plant things in the ground & wait for them to grow, THIS IS WHAT EXACTLY HAPPENED, the defence will plead!!!!!
LOL !!! ROFLOL!!!!!!
The ball has started rolling now.We expect Liato to defend himself so that he explains where the K2.100,000,000 was sourced from.
Good-luck to him.
Dollar
There has been no complainant who went to the police to report that he/she was missing the money. Xavier Chungu and his friends were acquitted of stealing tractors and speed boats simply because his lawyer Patrick Mvunga told the high court that there was no complainant in the case
‘knowing or having reasons to believe the same has been feloniously stolen, taken, extorted, obtained or disposed of’.
Those saying there has been no one to complain about money being stolen, read the sentence above. It also includes ‘extorted’ and ‘obtained’. We do not know where he obtained this money!
Here you are!
Mutembo, Mutembo!!!
Those who think that they have a better president now in SATA, than they had in RB have little understanding and foresight.
They can only tell what has happened and are unable to tell what is likely to happen.
They are moved by sight and not insight.
They are controlled by words and not understanding.
They believe in saying, “unless I die i will not believe this thing is dangerous”
Who will help this generation?
Who will rescue them from their challenges in wisdom.
SATA makes a wrong decision; they clap.
SATA reverses the decision; the clap.
SATA starts wondering what to do next; they clap.
SATA gets stack; they cheer.
All I can say about this generation is that they have a serious challenge and do not know here they are going!!
Wise people, you only have the same response to everything. You just copy and paste every day
Fat Liato most likely earned that money using dodgy tactics but we need to stick to the rule of law. Can the State prove this money was stolen? Whose the complainant? Mutembo, while you’re at it, pls explain why you dropped Mahtani’s criminal charges instead of letting the courts acquit him if indeed he was innocent. Rest assured, you apes will pay for all your dirty little sins.
The world over, YOU HAVE TO ACCOUNT FOR YOUR MONEY, THE ONUS IS ON YOU, & not the State.
This is just step 1, if for what ever reason, he wins the case, THE STATE WILL STILL SLAP HIM WITH TAX EVASION ON THE whole figure of 2.1 Billion!!!!! Ahaa, wina, AZALILA!!!!
Does it mean that if you dont know Liato’s source of money then he stole?
No, the fact of the matter is he has no money mine at his farm, he is the only right man to tell the court the source of this money. Example , if he says I have been growing maize for the past 5 years and i have been barring what ever i was realising from my sales, then its fine, the court will study the cse but they will need evidence to support his explanation.He has not stollen for now as there is no complainant, but he is given time to prove the source my brother.The other thing is , if he was accumulating this money through some sales of something, he has to prove that he was paying tax.Withholding this tax for none payment again becomes a case. There is some penaulty to pay ZRA. All this he must proove to the courts of law. Look at this case very wide. Don’t forcus on no complainant
Is burying money an offense?
#10..
Please stop expressing your shameful ignorance on how crime is committed. So for you if you are selling dope and you end up amassing lots of money, you would have not committed a criminal offence since no one complained that they are missed cash?…
The submission by the prosecution does not propose that Liato stole the money but he is being challenged to disclose the legitimate source of his loot since all his known legitimate sources suggest otherwise
Challenging the sources of money only takes place when you put someone on defence. We have not reached that level my dear. Hey I never talked about complaining about a crime. My post is just one sentence. This is not a civil case my dear, its criminal and hence it is not based on probabilities BUT proof beyod reasonable doubt. Just wait for the judgement and cry.
Ha ha ha I’ve never studied law but this lawyer Nchito sounds dodgy-you are saying the prosecution has to prove its case on probabilities? no-one has reported money stolen.Liato is a farmer he planted the money and it grew leave him alone if you have no proof.You can’t arrest people based on probabilities
You are truely one ignorant fo=ol. Weight or balance of evidence is always used in courts of law.
Are you a relation of Liato or beneficiary of this buried loot? The argument that no one has reported the money stolen does not prove that Liato is the rightful owner. Liato has to prove that he earned the money legally and paid taxes on these earnings.
They should lock up Liatos fat arse for a few weeks then he will know that the state is serious and that jail time may encourage him to reveal where and how he obtained the money.
Those saying there has been no one to complain about money being stolen, read the sentence below. It also includes ‘extorted’ and ‘obtained’. We do not know where he obtained this money from!
‘knowing or having reasons to believe the same has been feloniously stolen, taken, extorted, obtained or disposed of’.
Why bury the money if you have nothing to hide. Just 1% interest a month in the bank for K 2.1 billion is alot. Ka K20 million. The money cannot grow in the ground. Lock him up he stole the money !
Let those in glass houses not to throw stones.Why can`t we forget about the past regime and start on a fresh start! Please no one is clean among our leaders. Selected prosecution is simply driving away would be investors.We are fed up of politics of vengeance. We are killing ourselves and planting or creating a self destructive gene. PH `D s are too much in Zambia.Leave these MMD guys alone. Whosoever stole surely he will be sorted out by nature. PF just forget about these guys
You can not arrest and jail someone for a criminal offence based on preponderance of probabilities as if it is a case of damage for impregnating someone`s daughter. In a criminal matter the prosecution MUST prove beyond reasonable doubt that the accused commited a crime. The prosecution seem to be stuck in Liato`s case.
Let him explain where he got the money from. How can you bury 2.1Billion if not guilty of stealing? Zambians lets learn to be serious and stop this nonsense of day light theft. Liato should be questioned to explain to Zambian people. They stole this money from Zambian people. MMD were very dirty minded.
Could this money have been obtained through satanism?
# 13 you are sound in your reasoning, great mind. thumbs up to you.
sorry its # 12 i meant
Dear God, We as a nation thank you for appointing Nchito DPP. It is clear testimony that you love us – your children…… Either that, or you are trying to tell us something…..
Sice you stupid *****s called Zambians are christians.. you sure believe in miracles.. Me as Liato’s Advisor, are contending that Lioto, being a Staunch believe, simply buried Empty Trunks and God MADE HIM Miracle.. its hes fruit of prayer and fasting.. and anf there can be no proof to Gods Miracle.. or are we just a fake Noise making NATION claimed to be Christian if we dont except our brothers miracle blessing. ???????????
Costain Chilala is a prominent farmer with billions of kwacha in cash (probably petty cash). Has he been arrested for having billions of Kwacha? No, because all of you are aware of his source of income. Besides he does not need to bury his money. He takes it to the bank! Now a Deputy Minister with a known monthly salary, besides a few fake receipts for unretired imprest, why bury 2 billion under the concrete in a country where there is no war? Unless Liato can prove to the court that he has NEVER heard of an institution called a BANK, where people can ‘store’ their money. The best arguments he can put up is to deny that it is his money and say that some stranger came at night and buried the dough at his farm. Then we will believe him and let him go. And we will move on!!!
# 11, Listen, burying money is not an offense, say K100,000 in small change in your garden. But burying lots and lots of money ( K2 billion) under the concrete, is an offense. It is common sense!!! People have jailed for less. May be it would been understandable if the money was found under his pillow or in his mattress!! Not under concrete!!
Ladies & gentlemen, Liato will either go to jail or lose that money. # 23 is right, he can claim he does not know who buried the money or he can go ahead and explain the source of the buried K2.1 billion. I can assure you this was money corruptly obtained and the constitution of this country does not allow for such economic sabotage. By the way, those proposing to just allow Liato to walk off don’t understand the consequences of such anarchy and the damage to the economy obtaining. High inflation and devaluation of the Kwacha will continue if we allow people to obtain money feloniously and we should be prepared for higher prices as a lot of illegally obtained Kwachas will be chasing very few goods and services, resulting in real hard working formally employed people struggling.
Mmmmmh seems like an easy case for the formidable dpp. proving on a balance of probabilities ka. mutembo well done you that is walk over for you. more money in your pockets.
Prove then punish him heavly,if no proof leave him alone! his a wise thief!
Balance of probabilities in a criminal matter? I thot its proof beyond reasonable doubt. When did the law change?
The Penal Code CAP 87 s.319. Any person who shall be brought before a court charged with-
(a) having in his possession anything which may be reasonably suspected of having been stolen or unlawfully obtained; and who shall not give an account to the satisfaction of such court of how he came by the same, is guilty of a misdemeanour.
@12, sorry if you are too involved in this case. Am looking at proving beyond reasonable doubt that the money was stolen and not probabilities. Having checked all of Liato’s sources of income does not point to the money having been stolen though there’s chance that it was stolen just as there’s chance that it wasnt stolen. Where there is chance, no matter how small, that theft did not take place, a criminal court should not put someone on defence. When one is not personally involved in a case, they will look at all these possibilties. I would Acquit Liato basing on the weakness of the submission of the DPP and not that I do not believe that he stole.
Pipo! Let’s wait for the court to decide. But when I use my simple common sense, Mr. Liato will be put on his defense. There is a difference between having K2m under your pillow and burying K2b under a reinforced concrete slab The former suggests innocence, the latter, guilt. If any of you cannot see the difference, then you did not pass your G& special paper 1 and 2.
It is not a crime to have money. Leave Liato alone. It is Mutembo Nchito and Fred Mmembe who should be prosecuted for embezzlement and corruption using Zambian airways. Can we have Sata also sent to prison for the money he stole from the Merzaf project and the loot over which he killed Paul Tembo? Mutembo knows the whole truth about that since he was representing Paul Tembo at the time of his execution.
How someone chooses to keep his money is not a problem. What if that is earned income?
they invaded Liato’s place without his permission..who’s the complainant..?give him his money back..
Nosense!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
nCHITO hAS a cASE tO aNSWER
Mutembo Nchitu is yet another legal parasite enhancing more rot and decomposition into this regime loaded with well-known national plunderers. He is using his position as DPP to hide his plunder of the Zambian Airways resources into a deep PFendless chasm/pit. Many such crooks have invaded govt, parastatals and banks during these Zambian dark ages. As far as Sata is concerned such legal men as Mutembo Nchito, Sebastian Zulu and Musa Mwenye are deemed to add legal “value” to the PF Govt. Does God Ever Exist In This Universe that includes Planet Earth?
Kwena we have a bunch of dull pigs just commenting for the sake of filling up the space on this blog! For those of you who claim that Liato has not committed any crime concerning the money, ask yourselves this question, has Liato explained or given details of the source of money? The fact that the state has failed to establish the source of the is evidence enough to show that the money was dubiously obtained as it did not pass through the normal channels. Nobody can complain about that money because they cannot disclose the source. That money is definitely dirty and hence he has a case to answer and disclose the source!
#13 and 17. When you are in possession of any amount of money, its source is known to you and can tell any one who asks you. In USA, UK Germany, South Africa etc when in possession of large sums of money without its source is a serious criminal offence. So is in Zambia anyone with huge loot has to disclose its source and without any complaint, report to police or ACC of stolen money is a CASE of prima facie evidence. @13&17 when you steal money and no one reports to police or not caught, it still remains you are a THIEF.
I think law is not about common sense or probabilities. He who alleges must prove. I have seen proper cases been quashed on a technicality. I am waiting to see how this one unfolds.
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