AN arresting officer has told the court that the search he conducted into former Labour Minister Austin Liato’s bank accounts did not show any transaction relating to the K2.1 billion which was dug out from the former minister’s farmstead.
And Lusaka Magistrate Aridah Chulu has set March 30, 2012 as a day for ruling on whether Liato has a case to answer or not on the charges levelled against him.
Liato is charged with one count of receiving or retaining stolen property contrary to Section 318(1) of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that on unknown date but between September 1, 2011 and November 24, 2011 in Lusaka Liato received and or returned money amounting to K2.1 billion knowing or having reasons to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of.
Isaac Musonda, 27, an assistant investigations officer at the Drug Enforcement Commission (DEC) told the court yesterday the search he conducted on Liato’s personal accounts at Zanaco, Indo Zambia Bank, Investrust and a business account held in Kaoma with Finance Bank Zambia could not show any transaction involving the money in question.
Mr Musonda who told the court that his role in the matter was to investigate the matter to the fullest said the cash inflow and out flow from Liato’s bank accounts did not show that the K2.1 billion passed through the accounts.
Mr Musonda who was led in evidence in Chief by Director of Public Prosecutions (DPP) Mutembo Nchito said although Liato had a constitutional right to remain silent, he arrested him because he failed to account for the money when he was asked.
He said that a notice of seizure was later issued to Liato which indicated a total of K2.1 billion to which he signed and got a copy.
Mr Musonda said he arrested Liato because of the manner the money was concealed which he said was unusual and it was the first time he saw such an activity.
He said after the excavation of the money from Liato’s farm he conducted a search because he wanted to verify and analyse whether the money came from his bank accounts.
Mr Musonda stated that although there was no law that prohibited Liato from keeping his money the way he wished such as burying it underground, it was strange for him to have concealed the money in such a manner.
He said that during his search he looked into the period from January 2010 to November 2011 and the possibility from the money that Liato received as gratuity and his pay slips but the monies when added could not amount to the K2.1 billion in question.
Mr Musonda said during cross examination by Liato’s lawyers that the cash flow in Liato’s accounts were not sufficient in that they were small amounts in which when summed up could not add up to K2.1 billion adding that in one of the accounts, there was only K800,000.
He said although there were no investigations that linked Liato to criminal activities in relation to the money in question, the way he concealed the money gave a recipe for him to suspect illegal activities because it did not show legitimacy.
And Anti-Corruption Commission (ACC) investigation officer Chipezana Phiri-Banda told the court that it was unusual for Liato to have buried the money in a strong room, especially that he was not even residing at the farm at that time.
Ms Banda, who told the court that there were two concrete slabs before the money was found, said although there was no law that compelled Liato not to keep his money anywhere he wished, there was something suspicious about the way Liato buried the money.
When asked by one of the defence lawyers Nellie Mutti why they conducted a search in the absence of Liato, Ms Banda said looking at the nature of the case, they could not wait for Liato who had informed them when they called him that he was in Kaoma and could only be at his farm around 21:00 hours.
She said the search was conducted in full view of Liato’s workers after which one of them Kalu Chiswaswa even signed for the money before it was taken to Bank of Zambia for safe custody.
Ms Banda who told the court that the counting of the money at the former Taskforce offices was done manually said although there was a difference of K100,000 as the total money that was dug up was K2,1,100, the difference was only with two K50,000 notes.
She refuted a statement by the defence lawyers that the actual money that was found was K2.7 billion.
Earlier, defence lawyers Mutemwa Mutemwa, Ms Mutti and Moses Chitambala had objected to Ms Banda’s tendering of the money as evidence before court saying she did not lay enough evidence to identify the money such as giving serial numbers even for one note adding that the money could have been any other money.
But in his ruling, Ms Chulu dismissed the application by the defence lawyers saying it was not in dispute that the K2.1 billion was unearthed from Liato’s farm in Mpamba settlement in Mwembeshi.
Liato will appear for mention on February 24, 2012.
[Times of Zambia]
limbi ni……………………..magic trunk.
chingawine chi liato case ka, so kulibemulandu ngati wafwikila ndalama?
hope this case will be in the media till the end not pakati panjila basiye kuchita publish.
im watching.
Ms Chulu is wrong. The money should be accounted for in serial numbers. Otherwise, the case will collapse on appeal. So far, there is a prima fascie case and Liato goes on trial.
He can’t win this case if there is no source for money then they can charge for money laundering. Both ways the money will be confscated as he has failed to account for it.
He should not win this case! How about money laundering? Doesn’t burying huge amounts of money constitute money laundering?
When money is used as an exhibit then serial numbers should be taken at the time they recovered it. Regardless of the amount. It sounds like he will win the the case. #5 even money laundering has to be proved just like the 1st charge of stolen property. What is money laundering and what aspects of the case makes it money laundering?
Yes i agree just tell them the money was manufactured magically.
I we chi bungwe! there was not need for serial numbers, the fact is what was burried was money and not monkeys. So liato must acount for this money.
Can someone explain Why Chinese don’t pay PAYE tax but they work on Zambian soil? Check ZRA payroll system, Check Huawei, zte and chambishi mine payroll systems at ZRA. Its unfair.
I have never heard of the case in Zambia where one is sent to jail by burrying money regardless of how that money was burried.They have to prove that the money that was burried was from criminal activities.The Prosecution should at least proved that he transported goods in Zambia elligaly or he sold goods in zambia purpoted to have been from mal activitities.But nothing has been said about that in the court.
bungwe…..learn to analayse….the money was dug in full view of liatos workers……so serial no..or no serial no the fact is that money was dug at liatos farm……the manner in which it was concealed…….cage liato and all plunderers..viva mutembo nchito….pabwato
Ms Banda said although there was a difference of K100,000 as the total money that was dug up was K2,1,100, the difference was only with two K50,000 notes. ????? Law ni yovuta. Was it K2,100,000 OR K2,1,100? Why didnt they seal the place and wait for the suspect to come? Why are his workers not defence witnesses but prosecution witnesses?? What are the rules of the game when it comes to a search warrant??
#8 GILBERT THAT IS EXACTLY WHAT THE COURT HAS SAID. LIATO ATACHE AWINE MULANDU. PANO CILATUWAYA FWENSI MAKA MAKA FWEMUNO TWATANKANJI UKU TULAMUNYEPA. THE COURT SHOULD DO EVERYTHING, OTHERWISE!
Anagulisa ma Gold na ma Diamonds.
Proof is in the pudding, let Liato proove his source and means of having legitimately earned it. That stroke renders Liato and the defence mauless and doubt case to go far.
Where did he get the money? From BOZ maybe.
RBs and MMD supports never seize to surprise me. This man has to show how he got the money especially when he is put on his defence. Somebody has to come up and say I give him 2 billion. Also the money was withdrawn on two occasion from Zanaco and Bank of Zambia.
He should talk nicely to GBM. May be the man can resue him like he did to Sata last year.
I reckon Liato will choode to remain silent and thus we wont know were the money came from but if we had professional investigators they would at least have attempted to trace the origins of the money using the serial numbers. One would assume that when the money moves from Boz to the Banks the serial numbers are noted and the Banks also take note of the serial numbers of the money they put in circulation on a particular day. If this is what happens then perhaps the source of the money can be detected.
Kulibe mulandu apa.
Katwishi mwebantu?
.
This guy was member of parliament for 10yrs…how much cash do these MP’s get…look at from that angle. just gratuity is k2b add sitting allowances, ministerial allowances.etc..or God he should actually be wealth more than the mare k2.1b
The question is why would someone hide money in the ground if it was legitimately earned?
Does it mean there are no officers in ZP that have studied law? How do they rush in counting money withoout getting even serial numbers of the first and last note on each bunch? This case could go for nolle prosequi because it will be difficulty for them to prove that the money was laundered. Remember he is innocent until proved quilty. They rushed into sharing the excess without sealing the loopholes/
Liato should watch his diet, he used to be tall but now he is going down? Am told he fainted twice when he learned that he had lost the election.
liato will win the case. Who is the complanant? zero. so no one lost money it is his and can store it where he wants.
Wapya Muzi guys..Liato Vs Mutembo Nchito. Iliko bad guys.
no case to answer too many doubts
Liato could have withdrawn the money from his relatives accounts. or even the spouse
There is no evidence that LIATO was involved in illegal activities
Liato should just tell the court that HE WAS NOT BANKING ALL HIS MONEY ALL THE TIME and he is a free man
How can a bribe show in a bank transaction?
That money has to be identified or else..doubts. When did workers become employer proxies??? i need guidance
these guys shouldnt have russhed into this, they should have waited and put the guy on 24hr surveillance with the change in currency and dropping of zeros they would have nailed him proper. manje bafikala ukusupa ati babamone. Liato will walk, jus like FTJ, KATELE, SHANSONGA ETC………………………..
AAAAAH MWILANCHINGA UTO TU MA STARS ********** = BA .F.I.K.A.L.A….
Am surprised by the slothfulness of our so called investigators, upto now they can not verify how that money found itself in Liato’s hands, Liato may pull a fast one here and go scot free, the burden of proof is on our so called officers, they need to jack themselves up or else this case will drag on and on until Fat Albert walks free!!!
So, legally, Liato may get away with his K2bn. Great!
I agree with the many views that this case has been badly handled from day one and I think Liato will be found with no case to answer.
I see Liato walking tall here! Our investigators lack professionalism, even basics that a lay person can learn from a Hollyhood movie..
Very fo.o.li.sh Investigators. Bashukilafye utu baiche tushitisha Ifyamba mu Chawama, twena batwikata every day and they send them prison for 5 yrs. Real and Big time thieves walk away free. The people of Zambia are closely following this case. If I was Sata I could have taken this Liato ***** to the red brick Building and pull his bolls until he reviews where he got the money. I miss KK for that. stupid i.d.iots
i have said it many times that the state witnesses are weak in this case, the unproffesional conduct of investigators lives alot to be desired.
Liato will be acquited, the difference of 100 pin is tampering of evidence, there is no complainant of the stolen money, witnesses and officers used assumption to arrive at a decision to arrest, pw3 said the money was counted with a machine, pw5 says it was counted manually.. Liato had said he was going to be at the farm at 21hrs meaning he showed willingness to avail himself but they went on to dig in his absence and no one knows the amounts which they found. proof is there in the state witness that he was at the farm the very night he said he would so what was the rush for?
I want to defend Liato, am a lawyer. I need part of that 2 billion before they knock out the Zeros.
Just how many people have bank accounts in Zambia? Just think of all those billions traded at Soweto market everyday, do they end up in banks? It is possible to have that much money at home; they should just give him his property back.