The Mbala Magistrate Court has acquitted a former stores officer at ZESCO Limited, Mbala Branch in Northern Province, of 26 counts of theft by public servant.
This is in a matter in which Boniface Mwape of Little Poland Township in Chief Mfwambo’s chiefdom was accused of stealing diesel worth over K170, 800 between May 2021 and November 2021, contrary to sections 277 and 272 of the Penal Code Chapter 87 of the Laws of Zambia.
During the trial, the state led by Elias Mwanza called nine witnesses to establish its case, while Mwape’s defence team, led by Legal Aid Counsel Sola Kandeke, presented three witnesses.
In a landmark judgment delivered by Mbala Resident Magistrate, Kennedy Nkundwe stated that there is no evidence to suggest the total quantity of fuel that had been procured for Mbala ZESCO, if any, before an audit was conducted.
ZANIS reports that Magistrate Nkundwe noted that the prosecution’s failure to provide evidence of the fuel stock position was a critical omission.
The court also heard that the then-area manager, Dennis Chileshe, testified that he had no issues with Mwape’s handling of fuel during the period in question.
Furthermore, Chileshe stated that auditors who reviewed Mwape’s accounts in December 2021 found no discrepancies.
Magistrate Nkundwe also emphasized the importance of the prosecution proving its case beyond a reasonable doubt.
The court ultimately ruled that the prosecution had failed to prove its case, and Mwape was acquitted of all 26 counts.
Credit: Radio Mano