Supreme Court sends former Minister Austin Liato to Jail for 24 months

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

The Supreme Court has upheld the two-year jail sentence with hard labour imposed on former minister of Labour and Social Security Austin Liato by the Lusaka Magistrate’s Court for possession of K2.1 million reasonably suspected to be proceeds of crime.

Supreme Court judge Mumba Malila yesterday sentenced Mr Liato to 24 months imprisonment with hard labour. The sentence will run with effect from yesterday.

Mr Justice Malila, sitting in Ndola yesterday, further ordered that Liato’s farm number number L/Mpamba/44 in Mwembeshi, and the K2.1 million which was in his possession be forfeited to the State.

Liato was on July 23, 2013 convicted and sentenced to 24 months imprisonment with hard labour by the Lusaka Magistrate’s Court, which also ordered that his farm and the money, which he had buried on the property, be forfeited to the State but the sentence was later quashed by the Lusaka High Court.

The State appealed to the Supreme Court on grounds that the High Court erred in law when it held that to prove reasonable suspicion under section 71, the prosecution had to show a link between the source of the money or the accused to possible criminal conduct among other grounds of appeal.

Mr Justice Malila, in his judgment, states that: “The money was buried underground in a chalet at the convict’s farm and the top was sealed with concrete. This raises a lot of questions on whether the money was gotten legitimately.

“This court holds the view, therefore, that the money was ill-gotten as no one would conceal money the way the convict did even if one had lost faith in the banking system in the country.”

Mr Justice Malila added: “I therefore set aside the judgment of the High Court and uphold the conviction on accused by the lower court. I direct that the convict serves the 24 months imprisonment with hard labour with effect from today. I further order that the property be forfeited to the State,” Mr Justice Malila said.
Liato’s wife wept uncontrollably after the judgment was passed in a fully packed courtroom.

Liato was charged with possession of property suspected to be proceeds of crime contrary to section 71(1) Act number 19 of 2011 of the laws of Zambia.

On November 24, 2011 in Lusaka, Liato had in his possession K2.1 million, which was reasonably suspected to be proceeds of crime.

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101 COMMENTS

  1. Mr Liato made a single grave for his money. I hope before and the death of Bo Sata, no such graves are on our PF ministers mansions.

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    • LT I just need you to publish the names of the the lawyers who defended MR Liato so that I can make a mental note of not ever hiring them. Any lawyer who can’t argue this case to the favorable out come of his client is useless! How can one be judged on being “reasonably suspected” of crime?

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    • This should serve as an example to those in power hiding behind the protection of your president Kaminamisa Lungu that the law will eventually catch up with you when you leave office.
      There are many out there that are guilty of similar crimes including those working at state house receiving envelopes of money from contractors.

      Next to be caged is RB and his cohorts.

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    • I am not convinced beyond reasonable doubt that buried money is always ill gotten and sending to prison a person who buried it without providing the trail and the source of the ill gotten money. It is akin to saying,……this person is dead, he has a cut throat, you have knives in your kitchen, was found on your premises therefore you killed him.

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    • As much has i believe that Liato stole that money prosecution failed to prove this case and this Judge cannot send someone to prison on the grounds he has given but these things don’t surprise me anymore pa zed it is which side you are in at a time for now Liato is in a wrong camp and he is paying the price sorry boss go well to prison and i am sure by the time you come back you will be done, a lesson to those who are in Government today you can run but you can’t hide.

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    • Just take heart Mr Liato, a presidential pardon is on the way. He needs someone like you to help with the brewing issues of Nkoya’s in Western province.

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    • Liato has a very long history of stealing. A defunct Union called ZEAWU was killed by Liato’s long fingers. Davis Chama should be ashamed of the remarks attributed to him earlier this week concerning Liato.

      Careful with the people you are appointing Labour Ministers. They are all the same.

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    • Liato refused to tell the court where he got the 2 billion (2 million rebased).

      Concealing money is a crime. Only criminals can’t explain where they got there wealth.

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    • Mutembo Nchito’s first client as DPP was Liato. This was his first conviction. The high court (Mchenga & co) acquitted Liato on appeal. Finally magistrate Aridah Chulu’s judgement has been upheld by the Supreme Court.

      Well done Mutembo Nchito for sending this fat thief to jail. Next is RB.

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    • Am not a Lawyer myself but be this as it may,I have some misgivings on the guilty verdict as ordered by Supreme Court Judge Hon.Mumba Malila.His reasoning that“The money was buried underground in a chalet at the convict’s farm and the top was sealed with concrete. This raises a lot of questions on whether the money was gotten legitimately.

      “This court holds the view, therefore, that the money was ill-gotten as no one would conceal money the way the convict did even if one had lost faith in the banking system in the country.” This statement sounds hollow in the sense that securing one’s treasured possession like money is up to each individual’s own consideration.When one is passing through a notorious place where there are a lot of search pocket thieves,money is hidden in stockings.

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  2. What constitutes a supreme court bench? Shouldn’t there be a minimum of three supreme court judges to hear a case at this level? Why was Malila sitting alone?

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    • @ Fumanchu, so a convinct should be set free just because of the wrangles in Nkoya Land/ BRE. Those are cheap corrupt elements. he is a convict let him serve his term in prison. And there are others out there who can help with the Nkoya/ BRE issue Liato is not the only one who understand the issue. Splz give us a break

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    • It is doubtful that he sat alone. He was most likely the Judge in-charge of the case and the one to read out the verdict.

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  3. Stealing from the poor. There are so of you out there. PF has a lot of the thieves but are enjoying the loot. Look at the economy whete thieves thrive using money from poor people.

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    • @Muzamai;
      Rule number 1: every politician is corrupt
      Rule number 2: always remember rule number 1.

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    • DALISTO. ULI BADI. you’ve also made my day. Youre funny though the situ is not.
      Lol

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  4. @Daliso, mwana you made my. I love it say it again, Rule number 1: every politician is corrupt, Rule number 2. Always remember rule number 1. Wow! Leaders are Reader

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    • Good one for sure………Every politician is corrupt and and every corruption involves the Politician.

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    • Iwe Njoka, your name is really cool.. ati njoka siyenda namwana. Zoona ici ndikaribe kuciona ine!

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    • Iwe Njoka Does the Mother of the snake bring any food to the kids? Its a serious question

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  5. Judge Malila, you are the man and I salute you. It’s true even if he had lost confidence in our banking institution he could not have concealed the money the way he did if it was genuinely obtained. His lawyers were busy arguing that no one reported to the police to have lost K2.1 billion then and that he had right to keep his monies were he felt was safe.

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  6. I wonder what precedence we are setting, the prosecution did not manage to link the funds to any crime and yet the highest court in the lands convicts someone on suspicion. I am not Liato’s sympathizer but on this one, awe sure!! On the sentence, the initial sentence ran from the first judgement to the second judgement of the high court, so the 24mths is, ……… well I am no lawyer, what do I possibly know!

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    • ‘You have the right to “remain silent” anything you say can be used against you by the courts of law’ I strongly believe Liato chose to remain silent instead of simply telling the court where he got the money. The court unfortunately ended up with only one option; logic speculation. So IN went Liato!

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  7. Liato’s wife should not have cried because we are they to provide any service she needs. After all Liato’s pompi is too small to do a good job.

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    • You mean the rich with stolen money.

      Liato is a very dangerous criminal, all that loot where did he get it from I wonder, and without a trace just like HH. Anyway he is in, and the proceeds of crime have gone back to the people he store from.

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  8. Judge Malila has erred on this one, who lost the money. So it is possible to convict someone on mere suspicion the law is not blind them.

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  9. First question where did he get that kind of money? Going by his normal salary as a minister at the time of this offence, would he have managed to save up from his ministerial salary to the tune under review? This was definitely stolen money or money gotten from proceeds of corruption. Kolopa.com. Well done Mr. Justice Malila. For once, the Zambian legal system has done a commendable job. All idio.. who are questioning this judgement, you are thieves and corrupt as well. This is so clear, this was stolen money or money from corruption. Time for this fat man to go to jail. Reminder: Always people think only Bembas steal or are corrupt, now tell me is this fat chisushi man a Bemba? Corruption in Zambia is so deep rooted that you cannot ascribe it to a particular tribe or ethnic group.

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    • @Chileshe chepela you should first question the more than six million Kwacha plus Dolars and Pounds found at late willie Nsanda’s house before you talk of Kolopa dot com.PF is stinking of corruption just like MMD.I support the jailing of Liato but do not support the Judgment based on mere suspicion,the prosecutor could have done well to trace the money.

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    • @ Chileshe Chepela
      You argued your case very well. Liato deserves this. However, you spoiled your solid argument and point by bringing in the tribe thing about Bembas. Bembas surely have nothing to do with this and as a non-Bemba myself, I take strong objections to people who make blanket generalizations on situations that demand case by case analyses.

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  10. Really, if the money was genuinely his, why conceal it in such a manner. It doesn’t need the expertise of a rocket scientist to prove that he stole the money. The rules of natural justices have taken its course. I pity him. He will miss s.e.x. for two solid years.

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    • My friend, justice doesnt and should not work like that. Logical deducutions of whatever sort does not mean the person is guilty. For justice to be administered there always needs to be proof and not suspicion of crime committed. This is how the state takes away our freedoms.
      So if the police came into your bedroom and found a little girl (your daughter) defiled and you obviously in your bedroom ninshi you are guilty of defilement?
      Am afraid the high court did a better job of interpreting the law. Am no supporter of Liato but interested in justice. It does not matter even if someone is a known murderer within a community. we should always prove what we accuse someone of.
      Innocent till proven guilty. where is the evidence that the money was taken from somehwere

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    • Hey Zagaze, in as much you ask about the evidence for the source of funds, HE, Liato should have proved to the contrary by simply saying ine nina beula so no so. Not so? Azadya beans na General Kanene.

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  11. Finally Crime DOES NOT PAY in Zambia. Liato can enjoy a free weight loss programme provided by the state.
    Good work by the “sensible” Zambian Supreme court.
    Now go for the one who stole Oil Money from Nigeria, & similar corrupt cockroaches!!
    ZAMBIAN’S DESERVE BETTER LEADERS.

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    • To all those sorry sympathisers of Liato, corrupt money does not have to be reported stolen. Kickbacks from awarding sub standard contracts, will be given to the corrupt official, & no one will have reported any cash missing, but the poor is the one who will pay for shoddy work done via corrupt dealings. Think of Nigeria / Zambia oil scam where Zambian’s payed more for petrol, which is the highest in the region, & the proceeds were shared by “Mr Politician”
      WAKE UP, ITS DAYTIME!!

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    • @34.1 I TOTALLY AGREE WITH YOU. HONESTLY HOW DO WE EXPECT TO DEVELOP IF LAW IN ZAMBIA IS NOT FEARED AND JUDGEMENT AGAINST ZAMBIANS IS PASSED BY EQUALLY DEEPLY CORRUPT JUDGES SUCH AS THE LUSAKA JUDGES WHO MIGHT HAVE BEEN DIRECTLY/INDIRECTLY BENEFICIARIES OF THE SAME MONEY. ZAMBIA NEEDS JUDGES SUCH AS THE MALILA. THIS JUDGEMENT THOUGH VERY LENIENT MUST SEND A STRONG MESSAGE EVEN TO THOSE WHO HAVE THEIR CASES PENDING AND THOSE PLANNING TO BE INVOLVED IN SUCH CRIMES THAT ONE DAY THEY WILL MEET UN CORRUPT JUDGES IN MUMBA MALILA. I AM VERY HAPPY THAT THIS MOCKERY ON ZAMBIANS HAS ENDED IN THEIR FAVOUR. GOD JEHOVAH BLESS ZAMBIA AND HELP THE MALILA KIND TO LIVE LONGER.

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  12. If the money was not got illegally, all Mr. Liato needed to do in his defence was to explain how he got it. That is his defence. The fact that he failed to explain where he got K2.1million means he either stole it or does not want to reveal where it came from to protect the source. Wasn’t this the money that was part of RB’s 2011 campaign? Where did it come from?

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    • Me I cannot wait to Tayali his juicy looking wife for the next 24 months Kaili she has lost the farm….too bad his other woman Esnart is lurking in the shadows….so mani ine am starting my manifesto now…now..now

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    • People, people, people, Liato actually got away easy with a 2 years jail sentence. Other issues that Mutembo should have added to the charge is failure to pay PAYE on the 2.1 million Kwachas.
      Let him just do the time, he deserves it!

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  13. With the “proceeds reasonably suspected to be from crime” the onus is on the accused to prove that the proceeds are from legitimate sources.

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    • Wrong! Law in Zambia must have really gone to the dogs. This was a criminal case… the onus is on the state and prosecution to prove beyond reasonable doubt that you are indeed a thief, a criminal. The accused can even sit silent without uttering a word and it’s up to the prosecution to prove your guilty. The accused is not expected to prove his innocence and/or guilt… his already presumed to be innocent until proven guilty. I can hide my money anyway anyhow I want, including protecting it from thieves.

      I know deep down he stole from the poor Zambian people but at a legal level, this was injustice done to Liato. We need a jury system in Zambia.

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  14. The law has finally caught up with him. How many have suffered at Shoprite and ZB the guys who corrupted him?Let him go to jail and please do not allow him to give excuses of ill health. Shamenda take note the corrupters are still free

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  15. Kabaleba kaka! We need more of such. We are tired of seeing the same cases going on and on …How I wish Chiluba was still alive as well.

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  16. If you had not appealed, you would be out in July 2015! waona manje! iyo mphopo manje tizasunga!

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    • Iwe Ole mpopo nadonkela kudala niyanga…look somewhere else!…kekekkekekeke ati tizasunga! mad chaps, you have made my day!

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  17. Zambians you are still sleeping, kanshi mukasalapuka lilali bakamushi imwe? You even support thieves like Liato, Mmembe, Nchito, why? When something is wrong, it is wrong, it can never be right. Corruption or theft is wrong, they are all illegal and punishable by law. Kolopa.com, seleniko tubombeko.

    Time for Fred Mmembe and Nchito to either pay back the DBZ loan or be sent to jail like all thieves get punished in a civilized way. These shameless liars and pretenders have to pay back what belongs to us, it is our money, us Zambians. They (Nchito and Mmembe) must have used some of that money to set up other businesses like their trucks which are still running now; it is almost day light robbery, and you Zambians you sympathize with that?

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  18. The problem with lawyers defending some “guilty criminals” is that they argue using ideals. They ignore the reality at hand. The normal reality, the everyday practice is that no government official keeps clean his huge sums by burying in the ground and sealing with concrete. Normal practice for keeping clean money (no matter the amount) is in the bank. But lawyers, in order to bring food on their tables, argue with ideals from the planet jupiter.

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  19. @18 Chileshe Chepela. Let us not have a short memory or be revisionist. Liato has been convicted becoz of the untitring efforts of the DPP, Mutembo Nchito that Liato finds himself in jail. The money that Liato hid was part of RB’s campaign funds. Where did he get that money from?
    You call Nchito a thief. What court has convicted him? Liato has been convicted by the Supreme court, so he is a thief – can you tell us which court has convicted Mutembo? And Mmembe?
    Do not behave like a headless cadre and say what your masters tell you to say without proof. Let us say only what we can prove or the courts have proved.
    RB will have his time in court. I hope its against Mutembo. Mutembo also is having his time in court over the DBZ issue. Let the courts rule, and not a mindless mob!

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    • The other definition of a thief is ‘a person who takes something without permission or without the owner knowing’. (FULL STOP); nothing to do with a court conviction!

      The world is too big to be seen only in the legal eye…after all, the law is an ass!

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  20. Triumph judgement for the common man who has been victim of national resources stolen by selfish Zambians. Good judgement sending a clear message to all that thieves will not get away with their habbit of ‘Ntolele fye’.

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  21. The accused should exculpate herself my providing documentary evidence of the source of the money! Otherwise, the judge is right to the pass the judgement as is.

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  22. musalu walipesamba?indeed judge malila is a man of the poor zambians,i salute you, your worship plse contnue putting things in our judiciary organ in order, you have proved to every meaningful zambians that u can deliver liato thaught he will get away with the poor tax payers money easily thanck God it’s opposite.ensure that you speed up alot of pending cases at your disposal also,and make sure even those hijackers of our poor traditional leaders who are failing to abide by their chiefdom family tree are also given a good whip too,before our culture is extincted food for your thought in particular luapula province chimese’s chiefdom we chalenge you to take a firm and quicker stance.bravo”.don’t be intimidated give a hand to the voiceless

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  23. The interpretation of this sentence is that Liato won’t spend not even an hour in jail because he has already served it outside whilest awaiting the appeal out come. The zambian law states that a person starts serving from the time of arrest. Liato was only convicted on 23/07/13 and day of arrest was a year earlier. I stand to be corrected.

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    • which zambian law??? read properly ” The sentence will run with effect from yesterday.”

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    • Musonda Bweupe, please read before you comment. Liato was convicted in 2013 but was quashed by the Lusaka High Court; then the state appealed to the Supreme Court. So mune the sentence started yesterday, that is why the wife ‘wept uncontrollably’. Please read thoroughly, not writing using your personal analysis.

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  24. If mr Mumba Malila was an Attorney at the time of Liato”s arrest then he is conflicted and then not the right person to try Liato.

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    • @Mojo – That is what I was thinking. Although I agree with the verdict, I think he should have recused himself on this case.

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  25. So these criminals that think getting rid of a prosecutor is enough to get away with crimes will get a rude shock of their lives. Our late President Sata did not just leave us Mutembo Nchito but Mumba Malila as well.

    He booby trapped the cookie Jar and Rupiah and all those cohorts that have regrouped should know it won’t be that easy to destroy what he left.

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    • @Ngobola Cengelo Muyembe
      You made me laugh by the aphorism that King Cobra (Mulena Mbumbe) booby trapped the cookie jar! For real the nut jar was booby trapped by the act of the Cobra leaving us that sharp mind of Mumba Malila; And thieves and looters better beware.

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  26. For the Liato case to even be taken to Supreme court is mockery of the judicial system. Such people should be convicted by the first court for more offences. The money was ill-gotten by a Government minister alright but this act was tantamount to money laundering and could have adverse effect on the economy. Imagine a few ministers (who should champion economic prosperity) behaving this way i.e. siphoning monies from the economy. It’s sickening! And this is the person being embraced by the new PF regime of ALUNGU. Is it a case of birds of the same furthers flocking together or what? There is drama in our motherland.

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    • So are we going to allow this drummer in our Country to go on unopposed?…No this can’t be. Am calling upon Civil Society and pressure groups to rise up and oppose this Govt which is promoting corruption and stealing. How can it be that corrupt people whose seats were nullified for corruption back in Parliament. The Chief Advisor to our President who is incharge of our Country is the a master of corruption. What message are we sending to our children and the world, that we accept corruption. Gentlemen and ladies something has to be done about this situation in our Country. Can the Civil Society look away a little from the Constitution and address this problem in our Country its more urgent

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  27. @CHILESHE CHEPELA For the 32years iv knwn Fred Mmembe,i dont knw of any judge in zambia who has ever convicted him of theft,unless you tell us that he stale from your home or company and you ddnt report him to court.If Mmembe was a thief Chiluba was suppose to be the first president to send him to jail.Finance bank yakwa Mathani boss thats the owner wev knwn all along if you are claiming to be a shareholder,show evidence Mr chepela chileshe….vabenenivabene.FYI Fred and Nchito have won bigger battles than the one you are accusing them. You are saying they should go to jail for failing to pay a loam,iv never heard of anybody going to jail for failing to servise a loan,Mr chepela chileshe…what were the terms and conditions for your loan,no collateral?which govt officer signed for the lon

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    • Collecting money from unsuspecting travellers and failing to remit it to National Airports can easily be a case of theft by agent.

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  28. Justice delayed… is Justice denied!! What are we still waiting for in RB & Sons case, Membe & Nchito… (please add on to the list )

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  29. IN THE FIRST PLACE, THANK YOU VERY MUCH MR JUSTICE MUMBA MALILA. YOU HAVE HONESTLY DONE THIS COUNTRY A GREAT FAVOUR. THAT THIEF DESERVED EVEN A MUCH LONGER SENTENCE. I THOUGHT 5 YEARS WOULD HAVE BEEN A HOLIDAY FOR LIATO.
    “…Lusaka Magistrate’s Court, which also ordered that his farm and the money, which he had buried on the property, be forfeited to the State but the sentence was later quashed by the Lusaka High Court.”
    NOW, YOU SHOULD INVESTIGATE LUSAKA HIGH COURT JUDGES WHO PASSED A WRONG JUDGEMENT EVEN WITH A LOT OF COMMON SENSE AVAILABLE. THIS CASE DID NOT EVEN A LAW GRADUATE TO PASS THE RIGHT SENTENCE. ALL A JUDGE NEEDED IS A CORRUPT-FREE STATE. MR MUMBA MALILA IS THE JUDGE. THANK YOU, AT LEAST ZAMBIANS HAVE GOT WHAT BELONGS TO THEM THROUGH HONEST JUDGEMENT.

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    • You were complaining when Sata commissioned Judge Chikopa Tribunal. Now you can see that some High Court Judges leave much to be desired

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  30. @34.1 Lekeni Sata atushe.
    Yours is about the most sensible blog I have read on this story and @30 too!

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  31. But Davies Chama promised him adoption for Kaoma Central in next years elections,hope he will be out by then! lol

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  32. This was an open and shut case , not sure why it took too long.Hope his wife can wait for him .

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  33. We still have people in our judiciary who are very upright personalities. Judges in high court who passed the earlier acquittal sentence should be investigated! Well done Judge Malila.

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  34. Thank you for jailing this man. You cant dig 2 out of 3 boreholes pa farm yako and the the people for which the boreholes were meant wa ba passa che imozi! Good for you. Bye bye…..

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  35. I hope Davies Chama will continue to talk and invite Liato to join PF as he indicated last week. I have the idea that Chama likes criminals so let him interact with them even in prison

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  36. One report says the fat guy and his wife cried a lot after being sentenced. How come ba Lusaka Times you arent telling us about this?

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  37. And what will be the verdict for that money found at late Willie Nsanda’s residence….????

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  38. However the other plunderer, is safe and wants to be president of our nation. Shame on those who support that blue murderer , who dribbled Zambian companies under privatization and now he is the richest thief in the poor Zambian country. I pray Zambians will not allow him to rule Zambia he has already stolen more than anyone has ever done. He is cursed and let God judge him

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  39. Yes, that one also conducted a clean theft which can’t be traced just like Liato’s. But every dog has its day. Let HH not think he is very smart one day there will be just a little evidence and the investigation will begin and the long arm of the law will visit HH

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  40. Please can police investigate Ton of luanshya because part of Liatos money is hiden at Barclays Bank luanshya branch,hes even building a multi million house in new town after marrying Liatos daughter who Ton grabbed from K’millian.Ifyuma fyakwiba wont take u anywhere.

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  41. Liato and Mutati were fired from zesco for their long fingers . If he was innocent he should have just told the judge where and how he got the money. Removing money from circulating by burying it is an offence on its own.

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  42. Error number one by Liato was not to join PF immediately, Error Number two, Liato knew exactly where the case was heading to, as once a leader he was not going to be forgiven as such he was supposed to have sold most of his property, especially those associated with that 2.1m kwacha. It was only folly for Liato to have thought otherwise. There are several from MMD who never played their cards very well and I see this occuring for the PF leaders in an event that another party with straight forward thinkers come on board. The heads will roll. For me SAT was the rightfull man to lead PF because he was slowly bringing all those who served under MMD to book. If you look at people like KAINGU, Siliya there is a lot that they are still concealing todate, but because of RB, different ball game

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    • My thoughts too! I hope the likes of Kambwli, Mulenga Sata and Chama are observing and learning about what happens when govts change!

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  43. YO ABENA LIATO NA WIFE PENZI NCHITO PO POUNDA MA ELEPHANT YABILI THE BED SURELY SUFFERED , LET IT REST MWE !

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