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Court clears William Banda, state fails prove the allegations against him

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UPND Official William Banda at the scene of the impounded trucks
UPND Official William Banda
FORMER MMD Lusaka Province Chairman William Banda yesterday walked to freedom after the Lusaka Magistrate’s Court acquitted him of two counts 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.

Mr Banda, who is now a Special Advisor to UPND Leader Hakainde Hichilema, was arrested in connection with the possession of five (5) vehicles, a Toyota Prado registration number ABZ 1661, Toyota Prado registration number ABR 9874, Toyota Harrier registration number ALB 3619, Toyota Surf registration number ABG 9009 and Toyota Cresta registration ABX 1408 “reasonably suspected to be proceeds of crime.”

He has been set free after the court found that the prosecution failed to prove its case beyond all reasonable doubt.

In acquitting him, Magistrate Lameck Mwale, stated that it was difficult to prove that the vehicles and the money were “reasonably suspected to be proceeds of crime because the State failed in their investigations to prove the allegations.

Mr Mwale said it was not in dispute that four of the five vehicles were registered in Mr Banda’s name except for one which was registered in his wife’s name.

He said he was also alive to the fact that Mr Banda was found in possession of the vehicles and money amounting to K 1.8 million which were acquired through a number of property and business he had in Lusaka, Chongwe and Chipata which was in accordance to Mr Banda’s evidence.

In his evidence, Mr Banda told the court that he used his money to acquire the said property because he was running some businesses.

It was also his evidence that he had sold a property which was situated along Manchinchi Road which was sold at K 1 million.

In another count, Mr Banda was accused of being in possession of cash amounting to K1.8 million “reasonably suspected to be proceeds of crime.”

The prosecution called eight witnesses.

13 COMMENTS

  1. When we change governments in Zambia, we act on impulse and arrest all those who were a thorn in the flesh. We even invent new charges like “proceeds of crime”. That’s why the fight against corruption will never be won in Zambia. Yes, William Banda has never been a saint, but if the state really wanted him to go behind bars, surely we all know one area of his weakness where the evidence was overwhelming. The corruption charge was never going to succeed especially for someone who never held any public (govt) office during the MMD period. Because we act emotionally, even the recent crusade against Kambwili is not going anywhere.

    • These were fictitious charges, am sure some stupid politicians ordered the cops to fix Banda.
      Politicians using cops to fight opposition and cops pretending to fix opposition.

    • Banda was arrested in 2014 so this is not a fresh case and because it has taken too long the man managed to cover his ARSE.

    • This was part of Sata hallucinations and victimisation schemes. Remember how 4 Presidential 4×4 Lexuses were supposed to be missing soon after Sata was inaugurated? When they arrived, he gave some to his wife and went quiet. MMD was also supposed to have printed K6 trillion that was used in some provinces and Bob Sichinga claimed to have evidence. Again that was debunked by BoZ. PF are full of sh!t, bitterness and vindictiveness.

    • It is PF bitterness and vindictiveness so that they tarnish his name and waste his time while he goes to court everyday. The same PF continue to make insinuations against HH and his wealth that they have failed to prove and prosecute in 6 years of running govt.

  2. SURELY WHY DRAG SOMEONE TO COURT WHEN THERE IS NO EVIDENCE? THEN LOOK AT THE PERIOD INVOLVED. IMAGINE THIS PERSON WAS NOT ON BOND, HE WOULD HAVE SUFFERED ALL THIS WHILE. CAN WE BE SERIOUS WITH MATTERS THAT BOARDER ON OTHER PEOPLE’S LIVES. THIS PERSON HAS NEVER BEEN FREE TO WORK BECAUSE OF COURT CASES. HE COULDN’T EVEN TRAVEL COZ OF THE SAME, ONLY TO BE FOUND WITH NO CASE TO ANSWER. TO ME THE VEHICLES LISTED ABOVE ARE BELOW K200, 000. WHY WASTE TIME ON SUCH WHEN U HAVE THIEVES DRIVING DAMN EXPENSIVE VEHICLES – ONE PIECE COSTING ABOVE THIS AMOUNT FOR WILLIAM’S VEHICLES PUT TOGETHER?

    • This is the same anguish they have unleashed on Mwaliteta to keep him out of action for as long as possible. After 5 years the DPP will quietly put in a nole prosequi. It is political torture and victimisation.

  3. So this Nyasalander is still around and kicking? I thought he retired like his mentor and fellow Nyasalander KK?
    Only in Zambia sure

  4. POOR ZAMBIAN BOMA ALWAYS LOSE CASES AGAINST AN INDIVIDUAL.. THATS WHAT HAPPENS WHEN STUPID PIPO A IN POWER EVER SINCE MWANAWANSA WAS GONE ITS RARE TO SEE BOMA WINING CASES.

  5. In Zambia if you want to win a case all you need is to buy off the investing team so that they “waffle ” in court.

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