By PERPETUAL SICHIKWENKWE –
FORMER Ministry of Health human resource officer, Henry Kapoko and seven others have been acquitted of charges of theft and money laundering involving K4 million.
However, deputy director of Commercial Courts Sharon Newa, who sat as magistrate, convicted Mr Kapoko’s co-accused Valenta Miyoba Chizyuka Nkhata and her daughter Abgail Nzala Nkhata Kapinda and jailed them for three years for fraudulently receiving money which they converted to personal use.
Ms Newa, however, discharged Abigail on grounds that she did not personally benefit from the money but that she was working under instructions from the mother.
Nkhata, a director of Royal College of Secretariat and a leader at Chelstone Seventh Day Adventist Church (SDA) in Lusaka, was also ordered to immediately pay a K20,000 fine or serve six months in default in each of the counts.
In a landmark judgment that took more than 12 hours, Ms Newa ordered that the properties, a Mercedez Benz, Toyota Kluger, 15 computers and a farm in Lusaka West which Nkhata bought after concealing the money stolen from the Government be surrendered to the State.
Kapoko was acquitted together with former assistant director – administration Nobert Peleti, former chief assistant accountant Evaristo Musaba, former director of health policy Chrispine Sichone and former principal accountant Zukas Musonda Kaoma.
Others were former assistant accounts Enala Matutu Phiri, former senior accountant Vincent Luhana and former assistant internal auditor Christopher Bwalya.
Ms Newa said the prosecution failed to prove its case against the eight beyond any reasonable doubt.
She said there was no sufficient evidence to establish that the eight had a common cause of wanting to defraud the Government of its money and that they did not aid in theft of the same.
The court noted that it would be unreasonable to conclude that Kapoko amassed wealth from stolen money because he was a businessman who had other sources of income to buy property like motor vehicles.
Ms Newa, however, said it was true that there was money that was deposited to the Royal College for training which was not used although there was no training that took place.
Nkhata was not honest as he did not send back the money to the ministry, Ms Newa added.
She said that Nkhata and Abigail should have testified in court against Kapoko instead of remaining silent when they had the right to speak out.
Kapoko and nine others were in this case facing 21 counts of theft by public servants, theft and money laundering involving K4 million which were said to have been committed between 2007 and 2008.
Kapoko and six others gave evidence on oath while Nkhata, Abigail and another person decided to remain silent.
Abigail, Nkhata and some of their family members broke down upon the convictions and continued to do so even after the court had left.