By 
Bowman Lusambo, ex-Lusaka Province Minister, has pleaded not guilty to two counts of possession of property suspected of being proceeds of crime.
This was after Chief resident magistrate, Davies Chibwili, dismissed his application to refer the matter to the High court to determine whether trying him in two different courts, when the charges were similar, was subjecting him to unfair trial.
In this matter, Lusambo, 47, is facing two counts of possession of property reasonably suspected of being proceeds of crime contrary to section 71 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
When the matter came up for ruling on Wednesday on whether the court should refer the matter to the high court or not for determination, Chibwili ruled that there was nothing unfair if the court spread the charges to different court rooms.
Previously, State Prosecutor, Daniel Ngwira made an application before magistrate Faides Hamaundu to add two counts to the ten counts Lusambo was jointly charged with his wife, Nancy Manase, of being in possession of property suspected to be proceeds of crime.
In her ruling, Hamaundu dismissed the State’s application stating that the court could not add new charges to the matter, which had already started and more than five witnesses had already testified.
She ruled that if the state wanted to add more counts they should take the two charges to the chief resident magistrate for allocation to be put before another magistrate.
Lusambo through one of his lawyers, Makebi Zulu, when the matter was allocated before magistrate Chibwili raised a preliminary issue that the matter could not be tried by a different court when the accused is already appearing before Lusaka magistrate Hamaundu for the similar charges.
“We wish to refer the matter to the High Court to determine whether it’s constitutionally right to have piece meal prosecution of the accused before different courts in the matter that falls under section 135(1) of the criminal procedure code (CPC) and does not offend section 135 and the issue is whether the proceedings before you will not offend Article 18 (1 ) as far as the accused having a fair trial and being given adequate facilities to prepare,” Zulu argued.
The court, however, dismissed his application and said it was constitutional to separate the charges and put them to separate courts.
“In my view it could appear that there is nothing wrong in spreading the counts to different courts, it will not prejudice the accused person. I will not grant them the application, it is constitutional, I dismiss the application by defense and we proceed to plea,” he ruled.
The court read the two charges to Lusambo and he denied.
It is alleged in count one that on a date unknown but between May 1, 2015, and December 31, 2021 in Lusaka, jointly and whilst acting together with other persons unknown did possess property number F/609/E/44/B/9, comprising of a single storey four bedroom dwelling house, guest wing, gazebo and a car shed located in Chamba Valley-Lusaka, property reasonably suspected of being proceeds of crime.
In count two, it is alleged that Lusambo on a date unknown but between May 1, 2015 and December 31, 2021 in Lusaka, jointly and whilst acting together with others unknown did possess an incomplete block of six flats, constructed on property number F/609/E/50 in Chamba Valley Lusaka, properties reasonably suspected of being proceeds of crime.
The court has adjourned the matter to September 11, for commencement of trial.
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