A LUSAKA magistrates’ court has sentenced former intelligence chief, Xavier Chungu to nine months imprisonment on two counts of forgery and uttering a false document.
Delivering judgment in a case in which Chungu, who was arrested for forging and uttering a passport, magistrate Joshua Banda said the two offences were very serious and punishable by a maximum of seven years imprisonment.
Mr Banda said in passing his judgment he would follow the Supreme Court rules on exercising leniency for first offenders and also take into consideration Chungu’s mitigation.
Mr Banda sentenced Chungu to nine months simple imprisonment for forgery and nine months imprisonment with hard labour for uttering a false document.
The sentences run concurrently from the day of arrest and Chungu immediately walked to freedom.
Facts are that Chungu, on dates unknown but between October 1, 2003 and November 30, 2003 in Lusaka, with intent to deceive, did forge passport number ZH 88471 purporting to show that it was issued properly when in fact not.
In the second count, he is charged with falsifying a document contrary to section 352 of the Penal Code Cap 87 of the laws of Zambia.[quote]
Particulars of the offence are that Chungu on December 3, 2008 in Lusaka knowingly and fraudulently did utter the passport in question to Mary Bwalya, an immigration officer.
Earlier, Mr Banda said it was his considered view that the passport in question was fraudulently obtained in the manner it was processed because records showed that it was issued in Ndola when it was obtained in Lusaka.
He said the passport officer who was alleged to have signed on the passport did not do so and the national registration number was for a different person.
He said it was clear that Chungu, while acting with others unknown did manufacture a false passport and that he uttered it before an immigration officer on December 3, 2008 at the Lusaka International Airport.
“In the sum total, the passport was forged and intended to be what it was not and Chungu participated in its generation. The prosecution proved its case and I convict him accordingly,” he said.
After the judgment, Chungu told reporters that he was humbled with the judgment and would concentrate on his recovery since he had already served the sentence because he had been in detention since December 3, 2008 when he was arrested.
[Times of Zambia]