The Lusaka High Court has ordered that the money and all properties seized from former Labour and Social Security Minister Austin Liato be returned to him.
This is the case in which the former MMD Kaoma MP had appealed the 2yr jail term slapped on him by the Lusaka Magistrates Court.
Mr Liato was facing one count of being in possession of property suspected of being proceeds of crime contrary to section one (1) of the forfeiture of proceeds of crime Act number 19 of 2010 of the laws of Zambia.
Mr Liato buried the 2.1 billion Kwacha in two steel trunks under a thick layer of concrete slab in a highly fortified and electronically fitted structure at his farm in Mumbwa that was unearthed in an early morning raid by Zambia Police in 2011.
In August this year, Mr Liato asked the Lusaka High Court to order that he be given back his K2.1 million and quash the decision of the subordinate court that sentenced him to a two year jail term after it found him guilty of offending the State by burying the said money at his Mwembeshi farm.
But Director of Public Prosecutions (DPP) Mutembo Nchito urged the court to sustain the conviction and sentence against the former Kaoma Central parliamentarian saying, he failed to disclose the source of his K2.1 million that was suspiciously buried in a chalet at his farm.
Liato who argued through his defence lawyers Patrick Mvunga, Nellie Mutti, Mutemwa Mutemwa and Moses Chitambala told the court that the money in question was legally his as there was no slightest evidence of criminal conduct adduced by the prosecution to the court.
He said the lower court erred in law and fact when it convicted him of the charges and slapped a two years jail term on him because there was no evidence before it that he acquired the said money through proceeds of crime.
Mr Nchito in response urged the court to sustain Liato’s conviction and sentence saying he had no legal claim to the property as he has failed to tell the court its source.
He said although it was Liato’s legal entitlement to opt to remain silent, it was incumbent upon him to at least explain the source of money to show that it was legally obtained.
“There is no doubt that he concealed the money in the most curious way and if it was dug out, it would have been disquished due to humility,” Mr Nchito submitted.
I thought Mutembo Nchito was a tough lawyer
Thats Zambia for you. Real thieves in Zambia get away with it. The courts and jails in Zambia are for poor. Thats why we celebrate when these useless politicians die. Thats the only way justice is done when these id.iot politicians check out.
Liato will surely enjoy this festive season.
there is no way a competent court would have convicted liato over this case…to start with there was no proof of any kind that liato stole the money except that it was kept in a suspicious manner,secondly,no one complained of having lost money..in criminal law,its up to the prosecution to prove the case beyond reasonable doubt which didn’t hapen in this case..of course i know they will appeal to the supreme court and we all know the likely judgement up there
xmas come early. are Mutembo Ncito and Mumba Malila lawyers for sure? They have wasted tax payers’ money in obvious cases which the public have lost. One does not need to have a law degree as a state council to win most of the lost cases.
Like I said all zambians’s DNA has theft embedded in them
From that analogy, this is surprising
Thanks
NCHITO,Malila and Kabimba are the same, when ever they are actively involved in a court case they lose and the state losses.I see this even to RB, their is a high possibility that RB will be a free man just as Liato is as of today.
Now is that Nchito is incompetent? of course he is, how can a thief jail a thief, it ca not happen. It has been put on record that Nchito and Fred Membe being business partners fraudulently borrowed money from African Development Bank and they do not want to pay back. in other ways they also thieves. wawa…nchito what a disappointing moment to the tax payers
was Liato’s money deposited in bank, if not the money expired after reimbursement. If indeed was was in bank, then the evidence was tempered with.
Tough or bright? Neither!
Mutembo waoyoo! Anyway its a good christmas present to Liato
@ mopao mokonzi
liato is not a thief,he just obtained that money dubiously especially from bribes perpetrated by the chinese.those who were pardoned after shooting people in maamba highly among them.
but the biggest thieves you are blinded to are the nchitos,membes,kabimbas
can’t you wske up from you stupor for once and note that these guys dont mean well for the country,you fools want wnother mandela to come back and fight plunderers for you when he taught you how to be brave.
Lombe chibesakunda’s judiciary and her Sata PF project is a failed disgrace! They must leave than create this erosion of public confidence!! Indeed, STUPID JUDGMENTS BY STUPID JUDGES!!!!
By the way where is Judge Love-less (more) Chipoka, still in Zambia and on a salary???
MR LYATO, PLEASE COME AND BANK YOUR MONEY AT MY FARM! ALL MY WORKERS HAVE AN OATH OF SECRECY.
It is not final. The Supreme Court of the land will decide the ultimate. Our Supreme Court hates corruption to the bone. Judge Chalwe Mchenga supported the removal of the abuse of office clause during RB’s term when he was DPP
mpombo locked up
wait till it goes to the supreme court! don’t celebrate just yet! haha
Thats Zambia for you. Real thieves in Zambia get away with it. The courts and jails in Zambia are for poor. Thats why we celebrate when these useless politicians die. Thats the only way justice is done in Zambia.
Being found with a lot of money doesn’t mean it’s stolen. It’s up to the state through the DPP to show that indeed the money was proceeds of crime. What crime did Liato commit, or was he suspected to have committed? Please follow the logic and legal reasoning behind the acquittal and not our wits or emotions.
LIATO CORRUPT, simple! Unaccounted for wealth beyond earnings as a minister, civil servant……..what more proof needed! but under PF and Incompetent Nchito, such easy principles of Law and Justice are far fetched!
Do agree with “Mopao Mokonzi Wa Zabanga”. Indeed, useless Judgements by useless Judges and their Nchito!!
Liato 1:0 Nchito/PF
well done to you Liato! Have a Merry Xmas! Just pray that Judge Chibesakunda/Florence don’t get your case because we all know in whose favour they rule!
Ps: Women in leadership in Zambia are really letting us down!
it is either we have an incompetent dpp or the high court is compromised.we need judicial reforms
Thats a no brainer we have an incompetent DPP…tell me one case he has won..all he knows in nolle prosequi
This is just a minor setback, he should not celebrate too much , we shall appeal to the supreme court and have this guy sorted ..just like we do in by elections. Not to sound cocky , but we have the supreme court bench in our pocket and they will deliver the goods just like they have done in by elections. It seems the High Court is full of dunder heads. That is why we desperately need Judicial reforms to clean up this mess at the high court level. How can you surely aquit somebody caught with his hand in the cookie jar, this is shocking and abominable level of incopetence beign exhibited here by the High court. Anyway supreme court will set the record straight, don’t celebrate. Keep the champaign bottle under wrpas, it is not over yet
but there was no proof that the money was stolen…we are all free to keep our money the way we feel its safe…in any case it was up to the prosecution to prove the case beyond reasonable doubt of which they failed
This is really democracy and freedom of speech; where one can stand up and castigate the high court over its judgement. Is this person a supreme court judge or what. All he wants is Liato arrested and lose his property, shame.
More money to Liato plus damages. Another blow to Nchito…….ever losing cases
Nchito…!
Nchito has lost agsin!
This Mutembo kwena ni Nchito.He will go down in history as the worst DPP even where the evidence is there you still lose ahhhhh msh.
The current DPP and his prosecutors are a joke! Most of the cases they have handled have so far ended with either acquittal or nolle prosequi. Why begin cases when they have weak or no evidence? Or maybe the accused engage the finest Lawyers, more intelligent than Nchito’s!
What!!! High court of Zambia has ruled. Hey…sure Liato is free….
So prisons in Zambia are only for the poor people? What justice are we practicing in Zambia? Lawyers can you also help the poor people to always appeal so that they dont spend any day in jail. Look at all Zambian politicians and rich people, all all serving their sentences out side jail coz they have appealed…..awa kwena bulanda ku ba pina.
Peace and Prosperity to Mother Zambia.
A tricky little case to prosecute successfully since there is no law that says you cannot have cash and decide to bury it. Prosecution would have to prove that these were proceeds from criminal activities. Even the anti-laundering law might be difficult in this instance…
And this is the constitution people are crying to adopt?
LIATO DID NOT DEFEND HIMSELF DID NOT BRING ANY WITNESS HE WAS SPECTATOR IN COURT HOW CAN SUCH A PERSON WIN A CASE.MWANAWASA WHERE ARE U
Chalipanda yama
I`m not surprised Moses Chitambala is a very good lawyer.He is the Johnnie Cochran of Zambia.Again only poor people go to prison in the third world(the same could be said in rich countries).All animals are not equal.
@Saulosi
A critical examination of the case will reveal that the case shouldn’t have been taken to court in the first place. He was convicted in the sub-court because it’s a court of summary trial and procedure and will not belabour the legalities surrounding the issue. The High court however concentrates on the legal side of the case. In this case, the state should have sought to establish the source of the money before charging him as they did. It was evident from inception that the state would not succeed in the High Court.
In Zambia even Judges do not use common sense, we need to introduce a jury system.
Judges make decisions based on the evidence before them, and not insinuations!
Chalobola but hau kawalala is now smilling. Who is going to top up the shortfall cos ZP yalifonapo for sure boma ingasiye kwacha yapwalala
Only rich people are favoured in zambia.
Cheers! Even Kapoko was acquitted…..No appeals. In ZED still big and you will always win!!
and that was old currency…New currency is now K2m?
Law and emotions usually do not mix, logically not everything that is morally wrong is a crime too. As long as no one reported missing K2.1bn, its very hard to prove that someone has stolen it. We all know Liato could not honestly earn that money but the burden is on us to proove that he’s a thief, keeping in mind that we are all entitled to keep our valuable in the way we feel is the safest, no matter how absurd that way is.
well put, but emotions do rule most of the people hence one can understand their feeling about this case. Nevertheless, emotions should be left out in most of the cases, though a tough thing to do.
Liato deals in diamonds and other precious stones, that is how he made that money. It is not stolen money, he couldnt bank it because he was a minister and people would have questioned where he got the money.
If he deals or dealt in diamonds and is a minister he can’t bank his monies??? and if his business is legit ,why not ?? help me here to think here
Money from such dealings usually don’t have papers….and of course if he banked the money people would have questioned where he got the money-that is why he kept it at his farm.
And you should also know that there is no law in Zambia compelling people not to keep money at home. You can chose to put money in the bank or under your bed, it is not a crime-This is why Nchito has lost on this case.
This is what mediocre minds can do. A clear case of theft, why would you want to inter cash that you legitimately acquired ?? This is a clear case of theft but the DPP,arresting officers , prosecutors did not do their job. Here is a thief claiming back what he stole and bang!! he gets it back.
Liato here we come….wowowowowowowowowowowowowow..wawa Nchito big bum…
@Uwakwisano
Fantastic observation!
Nichito bites the dust his only evidence was the money was kept in a suspicious manner…lol….I have a hidden safe in my house where I keep ready cash and its a lot…have I committed a crime? The money should have had serial numbers he could have looked at those and then trace it to the banker….but as usual the fat desk lawyer went to court full of himself after attempting to investigate and tell the police what to say….so as expected he lost…..he went to nigeria…as a policeman again he will lose…a good DPP waits for the evidence before he appears in court…not first policeman with no training and just about getting an LLB then you think you can prosecute…..useless
You are not supposed to keep more than 10,000 Kwacha in a trunk. The excess must be deposited in the bank otherwise it was obtained in a corrupt manner.
I believe the K2.1b was kept by the state in its original containers/trunks as evidence in court or did the state exchange it for the rebased currency? I now understand why Liato was acquited. The prosecution presented K2.1m (rebased) in K100 notes. Liato told the court that his money was in k50,000 notes. Very dull DPP. Washaautu
Ati “Washaautu”, hahahaha. It’s been long since I heard that term. More like “SAIMONI” to refer to “summon”
I expected a Bemba to ask such a stup.id question not an easterner. Bembas are the most dull people in this country thou the try to portray themselves as clever chaps. Look at those two dull Bembas Mutembo and Mumba Malila. They can’t win any case in the court of law especially when the defendant has hired a lawyer from Western or Eastern province of Zambia. Look at the defence lawyers in the above case. Patrick Mvunga – esterner, Mutemwa Mutemwa & Nellie Mutti Lozi/bunda from western province, Moses Chitambala – ?. To help you answer your question Liato will get his money in ZMW not ZMK. I knew Liato would win this case. The police can’t just frame cases against citizens like. It was up to the police to prove to the court that Liato stole the money from somewhere.
JJ mind your language. Use your stu.i.p language on your ass wife.
what eveidence did the lower court use to convict him? anyway,such is life, well LIATO in a whiff of money with costs i suppose.Ba mudala elo mwalapoleka nomba
This is very sad. A clear case of animal farm. Prisons are a preserve for the poor. I feel the court should have pressed Liato, though not mandatory, to disclose the source of the money. Liato was a public servant & how did that money come into his possession & why conceal it that way? K2.1 million cash is unusual income compared to what he was earning. DPP, you ‘ve failed us again.
Liato is clean and upright hiding money under the earth does not render criminality. Pf zealots want to appeal, DPP himself did not feign the silly idea of appeal.
alachinyenga lelo chilya chigelo mu red,mmmmh! ala nakumbwa
I hear they want to give him back unrebased currence which they held in trunks as evidence.
Liato washuka. Nganalikulashila umukhashi!
takashimone… Akose nokukosa
What a judicial charade!
The issue is not Liato, it is FAT Alube, he should have prepared well for this case.The fact that you found money at someone’s place, of a certain amount does not constitute a criminal case.The trouble with FAT TRAILER ALUBE NCHITO, is the emotional part, without deeper reasoning.For the state to secure this case,they should have approched the prosecution from a different angle.
If FAT ALUBE can not bag this one,what about RB’s cases?
The PF government was excited and did not make their case intelligently. The charges must have been charged under the financial acts of the BOZ that clearly state that hoarding of money is illegal and also another that implicates failure to account for money in possession is a crime!
Basically – in Zambia the prosecution meet the defendants and agree how to equitably share the accused fees and the result is as long as you have sufficient dosh, you aint going to jail in Zambia. They probably shared $200,000. That means Liato goes free with at least $200,000
I just dont know whether to laugh or cry……….eish…..thinking….!!!!@#$%^&*
The PF is a big joke of a government. Every single court case that has been handled by their DPP Mutembo Nchito has ended in total disgrace. A banana republic is Zambia under the PF. They say when the head of a fish is rotten the rest of the body gets rotten.
The people are waiting for the day when Nchito himself will be hauled before the courts to answer charges on the DBZ millions.
Was that cash taken to BoZ for rebasing?
Icho Liato ! Bomba nabo mwandi mudala.Unshileko change.
Finally, he can rebase!!!
Just in time for the planting season, just saying.
Liato is going hack to court again. The money he will be given back is the money in evidence, and it is in old currency. He will not use it anywhere. Here starts another case.
Nope its no longer legal tender it shall be in the rebased currency…more money to print
THE MONEY HAS BEEN SHARED BETWEEN THE JUDGES ,LAWYERS AND LYAITO
The man was obviously involved in dubious dealings but there really wasn’t any evidence to show that. I thought they would get him on money laundering but i guess they are no such laws in Zambia. Give the man back his loot.
When i grow up I want to have a farm like liato’s. While other farmers are putting seeds in the ground he plants money.
I am surprised there is no mechanism in place to track the movement of such large sums of money in Zambia. Some Bank somewhere ought to have known how Liato came into possession of that money.
Mpombo is not a poor man who is been jailed. So jails are not only for the poor.
Mpombo is not a poor man who is been jailed. So jails are not only for the poor…….
Sata set up a tribunal so that he can realign the Judicial No one can up to supprt the move . Tax payers funds will continue being abused like that . Don`t complain Ba Zambia you wanted it. A case which was very clear even a blind person can tell, To day some one walk out innocence this is bush it .
Cool cash hot women!
James Hardley Chase….
Kulalyapo fye nomba. More money!!!!
UKWA IS A TACTICIAN, HE HAS AMASSED ENOUGH. SO PRECEDENCE IS BEING SET IN ADVANCE SO THAT THOSE CASES YOU WILL BRING AGAINST HIM WILL JUST BE PROCEDURAL AND THE MAN WILL RUN AWAY WITH IT. TACTICS AT PLAY PERIOD HERE. OPEN YOUR EYES.
Money is everything, if Liato was a poor Man he would have been jailed. Enjoy your lives you rich people because it is not only Liato they are many like him. Thank God for your lives.