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The Director of Public Prosecutions (DPP) has applied to the Economic and Financial Crimes Court for an order to forefeit to the State the 10 Higer buses worth K26 million.
These were owned by incarcerated former Police deputy Inspector-General, Charity Katanga.
The DPP, Gilbert Phiri, also seeks the forefeiture of K1, 522,005.15 in Chibeka Express Limited account number 9130000699156, Stanbic Bank Ndola main branch , which had received the funds from the operations of the 10 buses.
Lusaka Resident Magistrate, Davies Chibwili, on Monday convicted and sentenced Katanga to three years simple imprisonment for possession of property suspected to be proceeds of crime.
Katanga, however, appealed against the conviction and sentencing to the High Court.
In an affidavit in support of notice of motion for the forefeiture order filed in the Economic and Financial Crimes Court-Surbodinate Court, Drug Enforcement Commission (DEC) Chief Investigations Officer, Edwin Mwanza, contended that the Court found as a matter of fact that the said properties were tainted.
Mwanza contended that Katanga was found guilty of a serious offence set out by the Forfeiture of Proceeds of Crimes Act no. 19 of 2010 as the maximum term of imprisonment provided by law was five years, which far exceeded the period of 12 months.
“We further submit that there is evidence on record from the prosecution witnesses and the defence witnesses that the cited account received money from the operation of the 10 buses that are proceeds of crime.
“We pray that this court holds that the US$21, 330 and K875 are tainted property and orders that the same be forfeited to the state and paid into the government’s Consolidated Fund held at the Central Bank,” he submitted.
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