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A judicial officer who was found guilty of defrauding a Lusaka resident of K46,000 by selling him land belonging to the Judiciary has been given an absolute discharge by the Magistrate Court.
Evans Mwebela, 58, a senior Local Court magistrate based in Mungule chiefdom in Kabwe , was found guilty of obtaining money by false pretence contrary to section 309 of the Penal Code Chapter 87 of the laws of Zambia.
Facts are that Mwebela, between October 14 and December 11, 2021 in Lusaka with intent to deceive or defraud did obtain K46,000 cash from Nathan Malaya by false presentation that he had a piece of land for sale when in fact not.
The said piece of land belonged to the Judiciary.
Delivering judgement, Lusaka Magistrate, Jacqueline Gondwe, said according to evidence, the convict told Malaya that the land in question was given to him and other support staff from Mungule Court by the chieftainess Mungule through her surbordinate.
“It has come to the conclusion after analysing the evidence before me that indeed the land in question was not and does not belong to the accused but by to the Judiciary. And that the accused knowingly decided to deceive Malaya by selling him land that did not belong to him,” Magistrate Gondwe said.
In mitigation, Mwebela pleaded for mercy saying he was hypertensive and lost his wife a year ago.
He told the court that this was his last year of retirement and if sent to prison, his children would suffer.
Mwebela said he had refunded K30,000 and agreed with the complainant that he would pay in installments the remaining balance of K16,000.
Magistrate Gondwe said it was unfortunate that a judicial officer who should lead by example deceived an innocent citizen and decided to sale land that was given to an institution that would benefit the whole community in Mungule Chiefdom.
“I have also taken into consideration that you paid the complaint the sum of K30,000, a balance of K16,000 which you had liased that would be paid next month, August 2023 in full. With this said, I heareby sentence you to 12 months imprisonment with hard labor but discharge you absolutely pursuant to section 41 and section 42 of the Penal Code Chapter 87 of the laws of Zambia,”
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