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The State has appealed to the High Court against the acquittal of former Justice Minister, Given Lubinda, of charges of being in possession of tainted property.
According to a notice of appeal filed in the Lusaka High Court, Director of Public Prosecutions (DPP), Gilbert Phiri, contended that Magistrate Sanford Ngobola erred in law when he found Lubinda not guilty of corruption charges.
On the grounds of appeal, the DPP argued that the trial court erred in law when it found that the monies received by the respondent in his dollar count were not tainted in light of the evidence on record.
The State contended that the Court erred in law when it held that the US$50,000 paid to Kingsland City as part payment towards the buying of a landed property was not tainted property.
Phiri also stated that it was an error in law for the Court to have concluded that the Prosecution failed to prove suspicion and the ingredients of the offence on a balance of probability, thereby acquitting Lubinda.
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It was alleged that Lubinda on March 3, 2018, in Lusaka, received US$ 50,000 from China Africa Cotton Limited, property suspected of being a proceed of crime.
In count two, the PF vice-president was on February 2, 2019 alleged to have received US$100,000 from Qingdao Ruichang Cotton Industrial Company Limited suspected to be proceeds of crime.
Lubinda is in the third count alleged to have received US$80,000 on December 23, 2019 from Qingdao Ruichang Cotton Industrial Company Limited suspected to be proceeds of crime.
And, in the last count, on March 15, 2019, Lubinda was alleged to have disposed of US$50,000 which was suspected to be dirty money to Sunshare Investment as part payment towards the purchase of a plot property no. C1,56 at Kingsland City in Lusaka.
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