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The Economic and Financial Crimes Court has acquitted Hibeene Mwiinga, former economic advisor to ex-President Edgar Lungu, along with his wife, Mercy Munsanje, and son, Hakaantu, of 71 corruption-related charges due to lack of substantial evidence.
The trio had been accused of acquiring properties, including houses, vehicles, and funds totaling K26.3 million and $566,000, allegedly from proceeds of crime.
Delivering judgment on Friday, Judge Ireen Wishimanga dismissed all charges, emphasizing that the prosecution failed to meet the burden of proof.
“The prosecution must satisfy the court beyond reasonable doubt. Just because one is a politician does not mean they possess proceeds of crime. Proof must be involved,” she stated.
The court found that many assets linked to Mwiinga were acquired in 2002, while he was a civil servant, supplemented by earnings from committee allowances and his wife’s poultry business.
Similarly, the state failed to establish criminal links to the assets of Hakaantu (counts 22-31) and Munsanje (counts 32-44), leading to their acquittal.
However, count 46, related to Hichikey Farms, resulted in a K4,000 fine for failing to keep proper records.
The remaining counts 47-72 were also dismissed for lack of evidence.
In a strong rebuke, Judge Wishimanga criticized law enforcement for conducting premature arrests without solid evidence.
“Investigators must gather full and accurate information before making arrests. The state cannot rely on mere suspicion but must present solid, undeniable proof. The court should not be left to fill in the gaps,” she warned.
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