By 
Chief Resident Magistrate, Davies Chibwili, has cautioned society against hero-worshipping individuals involved in criminal activities.
Magistrate Chibwili made this statement while sentencing Francis Muchemwa, a Patriotic Front cadre known as “Commander 2,” to three years of imprisonment with hard labor.
Muchemwa was also fined K141,400 to be paid to ZESCO Limited as restitution for obtaining pecuniary advantage by false pretense.
His two companies were fined K200,000 each.
Muchemwa and his companies, Friltech Networks Zambia Limited and Altitude Properties Limited, faced 10 counts of possessing property suspected to be proceeds of crime.
The state prosecution team included Chawezi Nalwenga, Daniel Ngwira, and Annie Bento, while Handson Talanti of the Legal Aid Board represented the defense.
Muchemwa was charged alone in counts one and two regarding properties L/26392/M and L/26395/M in Silverest.
In counts three and four, he was charged with Friltech for properties L/28477/M/H and L/28477/M/J in Silverest. Counts five and six involved two FAW trucks.
In counts seven and ten, Muchemwa and another individual were charged with failing to comply with income tax regulations.
They were acquitted at the no-case-to-answer stage, as was Muchemwa in count eight for tax evasion.
However, in count nine, he was found guilty of obtaining K141,400 in subsistence allowance from Zesco without undertaking official trips.
The prosecution called 13 witnesses to prove the properties were proceeds of crime.
The property surveyor valued the accused’s properties at K10,800,000, while Muchemwa’s total known earnings amounted to K4.1 million, showing a significant disparity.
Muchemwa claimed his revenue was legally earned but failed to provide documentary evidence.
The court found Muchemwa guilty on counts one to seven. Magistrate Chibwili stressed the seriousness of the offenses and the need for deterrent sentences.
Muchemwa received three years of imprisonment for each count, with some counts also carrying fines, all to be served concurrently. The court ordered the K141,400 fine to be paid to Zesco as restitution.
Magistrate Chibwili emphasized: “Our society must stop hero-worshipping. It is time we send a message that only legitimate actions will stand and that crime does not pay.”
The state applied for the forfeiture of properties under the Forfeiture of Proceeds of Crime Act No. 19 of 2010. The court reserved its ruling on the forfeiture application until Monday.
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