By 
Shiwang’andu Patriotic Front (PF) Member of Parliament, Stephen Kampyongo, walked out of the Supreme Court Wednesday visibly dejected after the Economic and Financial Crimes Court upheld a three-year sentence slapped on his wife, Wanziya Chirwa, for possessing property suspected to be proceeds of crime.
The ruling dashed Kampyongo’s hopes of seeing his wife regain her freedom after nearly 10 months in custody.
Chirwa has been behind bars since September 2024 and was jointly charged with her husband in a high-profile corruption case involving more than K26 million. Kampyongo was acquitted, while his wife was convicted and sentenced to simple imprisonment.
Delivering judgment, the High Court ruled that the Lusaka Magistrate’s Court was on firm legal ground when it found Chirwa guilty, having failed to provide satisfactory proof that the wealth in question had been lawfully acquired.
The court emphasised that the burden of proof had indeed shifted to Chirwa once the prosecution established a reasonable basis for suspicion regarding the source of the funds used to acquire the properties.
“The law is clear at this stage,” the court observed. “Once the prosecution demonstrates sufficient grounds for suspicion, the onus shifts to the accused to provide a legitimate explanation. The appellant failed to discharge this burden.”
In her appeal, Chirwa had argued that the trial court had erred in shifting the evidential burden onto her. However, the High Court maintained that the legal principle applied was correct and that the prosecution had established a prima facie case requiring her to rebut the allegations which she failed to do.
Chirwa and Kampyongo were initially charged with 12 counts involving unexplained ownership of real estate and motor vehicles.
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