Court drops charge of abuse of authority against ex-revenue boss, Chanda

Lusaka Magistrate, Sylvia Munyinya, has dropped the charge of abuse of authority against former Zambia Revenue Authority (ZRA) top brass, Calistus Kaoma and Kingsley Chanda.

Ex-Commissioner General, Kingsley Chanda, and former ZRA Director Administration, Calistus Kaoma, cases were dropped on grounds that count 12 and 13 particulars and details were similar.

When the matter came up for plea, Counsel to both accused persons, Mr. James Matarilo, raised a preliminary issue before the accused could take plea in all the counts, seeking that the court should order the state to amend its charge sheet in relation to counts 12 and 13 because the particulars and details of the two counts were similar.

Matarilo said that in the two counts, Chanda and Kaoma were charged with two separate charges of willful failure to comply with procedure and abuse of authority when the particulars were the same.

In this matter, Chanda and Kaoma are charged with willful failure to comply with procedure relating to the manner they disposed 22 used motor vehicles belonging to the commission and abuse of authority.

Matarilo, further in his application, submitted that proceedings with such duplicity of the matter would prejudice the accused persons as they would be punished twice in the counts.

He said the state should be made to choose which of the two counts they wanted to drop and which one they would remain with on the charge sheet.

But the State insisted before court that counts 12 and 13 were not similar but different as such the court should dismiss the preliminary issue raised and order that the accused persons take plea.

In her ruling, Munyinya agreed with the defence and ordered the State to choose which charge they were remaining with out of the two and the state dropped the charge of abuse of authority.

Particulars allege that Chanda and Kaoma between January, 14, 2017 and December, 31, 2020, at Lusaka did willfully fail to comply with the applicable law and procedure relating to the disposal of property in the manner they disposed a motor vehicle namely, Mitsubish Pajero bearing registration number ABR 9683, Mitsubish Pajero bearing registration number ABL 3751, Toyota Hilux bearing registration number ABM 8166 and Toyota Hilux bearing registration number ABM 8166.

Others are Mitsubish Pajero bearing registration number ABL 3753, Mitsubish Pajero bearing registration number ABL 3851, Mitsubish Pajero bearing registration number AIM 987, Mitsubishi Pajero bearing registration number ABR 9679, Toyota Hilux bearing registration number ALC 9120, Toyota Hilux bearing registration number ALC 9123, Toyota Prado bearing registration number ABV 2201 , Mitsubish Pajero bearing registration number ABL 2465 and Mitsubish Pajero bearing registration number ABR 9684, the property of ZRA.

Munyinya adjourned the matter to enable the prosecution to amend the indictment before Chanda and Kaoma could take plea.

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