DIRECTOR of public prosecutions (DPP) Mutembo Nchito has urged the Lusaka magistrate court to convict former republican President Rupiah Banda’s son, Andrew saying his conduct of soliciting more than K 171, 000 from an Italian road construction company is classical corruption.
Mr Nchito said Andrew should be convicted because it was clear that he solicited and directed the payment of the bribe to be paid to his company AB logistics using his influence as the son of the president and government official.
This is in a matter in which Andrew, 52, now a farmer of Chasimpa farm in Chipata is charged with one count of soliciting 2 per cent gratification amounting to K171, 000 on all payments made by RDA on current and future road construction projects contrary to the law.
He is alleged to have solicited the same from Locci SRI Limited, a road construction company through its director Antonello Locci.
But Mr Nchito in his final submission on Wednesday to chief resident magistrate Joshua Banda who is handling the matter urged the court to convict Andrew because the State had established all the ingredients of the offence for Andrew to be convicted.
Mr Nchito submitted that there was enough corroborating evidence among State witnesses out of which most of it went unchallenged by Andrew during his defence.
He said that unlike the State’s evidence in which it called nine witnesses, there was a contradiction inherent in the testimony of Andrew and inconsistency in his defence.
Mr Nchito further said that Andrew was the author of the two percent agreement he was soliciting from Mr Locci evident in the signature he appended on the agreement which he did not even refute in his defence.
He said that there was consistency on the part of Mr Locci when he told the court that he had signed the agreement due to pressure and threats by Andrew who threatened that the contracts would be terminated if did not agree on the conditions.
“Our position is that there is sufficient corroboration on record for the court to rely on. The first corroborative evidence provided by the Prosecution is P1 which is documentary evidence” Mr Nchito stated.
Mr Nchito further said that the claim by Andrew that his company AB logistic limited had done some work for Fratelli Locci was a mere facade or front to perpetuate an illegality by him.
“We submit that it was the accused that solicited and directed the payment of the bribe to be paid through the account of AB logistics limited. It was not AB logistics limited that solicited for a bribe but the accused person” Mr Nchito.
Mr Nchito said Andrew had failed to defend himself going by his failure to challenge evidence adduced against him by the State, as such, there was a proper case to have him convicted.
Magistrate Banda has since set January 31, 2014 as the date for judgement.
Mutembo Nchito you are a evil fat man. Your time will come and no one will have mercy for you. Your hatred for this family is not okay. You and Fred will get what’s coming to you soonest! Chipuba DPP.
Mr. Nchito may be a “evil fat man”as you state, but, that is irrelevant to the subject.
Can you make intelligent contribution and comment on the subject, or you want to vent your intellectual shallowness?
Let us always be analytical.I abore Mutembo’s association with PF but Andrew erred and he deserves what is coming to him.As for Mutembo we have seen alot of DPP’s in the past who never showed such exitement.Cases in the subordinate court are always handled by junior staff this excitment of his will come with a price soon.
I we chi komboni dugude, your days are numbered. K14 million is still outstanding and will soon catch up with you. Mulandu siuola mwana
William&142 you need to be honest enough to yourselves.Andrew and his father rooted our money and you know it.Let him face the law so that it serves as deterrant to would be the next offender.
……. “rooted”, our money and you know it. Let him face the law so that it serves as “deterrant” to “would be the next offender”. My foot!!!
Did Andrew through AB offer services to Locci SRI Limited=Yes
Was the money paid to Andrew?=NO.
Was AB paid the money for the services=Yes
There is NO case here…. Now Nichito and M’membe pay us the money you got from DBZ.
Did Andrew provide services to Locci? If as Andrew claimed, he had a transport company what did he transport on behalf of Locci? Were payments made by Locci based on invoices issued by Andrew’s company ? Did Andrew produce the invoices his company issued to Locci in court? Was the income Andrew company earned from Locci declared for tax purposes.
Atleast RB’s family ws getting commissions frm contracts. This Donci kubeba has taken the rda into their bedroom getting all sorts of billions frm fuel subsidies & debts chikwanda is getting into their pockets without shame. There is sangwapo in pf,
Mutembo, tell the nation why you lied to the parliamentary committee that interviewed you for the current job (DPP) that you hold! You are the last person to comment on legal matters related to RB in any way. If RB and his family members commited any crime surely the courts must visit them. But you, mutembo nchito you should not corruptly be using your controversial position to advance personal agendas against your perceived enemies. When a new govt. is formed you will surely answer some of the questions raised above among others.
@MWABA-JR
ANY BUSINESS TRANSACTION IS ACCOMPANIED BY
DOCCUMENTAL EVIDENCE – INVOICES OR RECEIPTS
FOR LEGAL AND TAX OR VAT PURPOSES…
IF SAKALA HAS SPENT TIME AT CHIMBOKAILA
UNDER HIS OWN PARTY, MMD, WHY IS IT SUCH
A BIG ISSUE AROUND THIS GUY UNDER PF?
bwafya!
@MUZUNGU WOPUSA
RDA OR WHOEVER IS STEALING FUNDS IN PF IS
BUSY CARRYING OUT VARIOUS ROAD AND
OTHER MONUMENTAL PROJECTS THROUGHOUT
THE COUNTRY – THESE ARE FIRST WORLD
CLASS PROJECTS.
RB AND HIS CHILDREN COULD ONLY PROVIDE US
WITH MOBILE CLINICS! SHAME….
I hope you have seen what the debt is after carrying out these “monumental” projects?
I thought conviction should be based on the facts and evidence presented, and not by whimsically urging the court? Let’s follow the rule of law, and not vendettas, biases, opinions, emotions , let alone hatred.
mutembo nchito is very corrupt and corrupted by mahatany