Wednesday, June 19, 2024

ACC’s case against Bowman and wife collapses, seeks to amend indictment

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The Anti Corruption Commission has made an application to the Lusaka Magistrate Court to amend its original charges slapped on Bowman Lusambo and his wife Nancy, in a last ditch attempt to resuscitate a case which was collapsing.

The ACC had arrested the former Lusaka Province Minister along with his wife Nancy on March 9th 2022 on charges of being in possession of property reasonably suspected to be proceeds of crime.

Over nine witnesses have since testified in the matter and Magistrate Faides Hamaundu had ordered the ACC to conclude their case at the next hearing.

But in a bizarre move, ACC through its Investigations Officer Mulenga Mulenga has applied to change the indictment from being in possession of property reasonably suspected to be proceeds of crime to include being in possession of suspected proceeds of crime.

And Mr Lusambo has condemned the application by the ACC describing it as an abuse of the court process.

He said the ACC is trying to find a way of salvaging a court case which has no legs to stand on.

Mr. Lusambo has since challenged the leadership at ACC to examine their actions and wether what they are doing is in line with Justice and the rule of law.

“Attempting to amend an indictment mid way into trial is a desperate attempt by the ACC to save their faces. They know that the existing indictment whichnjs before court is a manufactured one and doesn’t have any prosecutorial chances. This is an abuse of the court process and shouldn’t be allowed,” Mr Lusambo said.

And in a related development, Green Party President Peter Sinkamba says the move by the ACC to restrict property and people’s bank accounts as they investigate suspected corruption amounts to political witch hunt.

Mr Sinkamba said in an interview that there is need to come up with a policy that will stop Law Enforcement Agencies from restricting Bank accounts and seizing property suspected to be proceeds of crime before investigations are concluded.

Mr. Sinkamba says the move by the ACC is wrong and has exposed their ineffectiveness in fighting corruption saying this could have been done when the suspects were drawing allowances.

He said the ACC is using a very lazy method of fighting corruption which should not be encouraged.

15 COMMENTS

  1. When you use law enforcement to satisfy your vengeance, you will fail even if the target is culpable. This case has been mishandled.

    • Any plea (to state guilt or innocence) by the accused is based on the charge on first court appearance or hearing. Prosecutors can change or alter charges ANYTIME, but BEFORE TRIAL starts. Otherwise, liquidate this case and start anew.

    • “change the indictment from being in possession of property reasonably suspected to be proceeds of crime to include being in possession of suspected proceeds of crime”
      How does that help?

  2. The mishandling of these cases shouldn’t be without consequence. We’re all expected to be accountable. Musa Mwenye and the DPP must take responsibility. Before they decide to prosecute they must ensure that they have built a strong case and that’s what they are paid to do. And these senseless seizures and restrictions of properties will cost the nation dearly as the victims seek compensation. Those involved shouldn’t get away scot-free

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  3. Rubbish reportage.
    LT wants Zambians believe Bowman Lusambo is innocent and an angel tot to be investigated even when he kept wild animals in his residential yard, let alone numerous corruption allegations against him. Amendments to an indictment in law is not new in court matters. LT should accept that corruption among PF ministers and its cadres was of grand proportions depriving Zambians of decent lives. That need correcting, inform your readership professionally.

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  4. That boy at ACC, has accepted to be used by BMW as useful tool to fight Bally’s perceived enemies. Mary Chirwa at DEC saw it and opted the easy way out. we’ve stated time and again that the current fight against corruption is nothing but a witch hunt, and will leave BMW extremely vulnerable in 2026 general elections.
    Nipano Tuli!!

  5. But UPND said they had enough evidence about corruption and theft in PF government….2 years still zero conviction

  6. I have always said it the end for the DPP will be a very bad one.stop being used by politicians learn from past mistakes.

  7. HH should know. If one wants to tackle corruption in Zambia you must first deal with the country’s general incompetence. The ACC is not from outerspace. It is part of rotten Zambia by that fact incompetent to the bone. It cant get a conviction even for the simplest of cases. We all know Lusambo was corrupt but to put him in jail you will need Scotland Yard

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