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The Lusaka magistrate has added more counts to Lusaka businessman, Francis Muchemwa popularly known as Commander Two in a case is charged with possession of property worth over K12 million suspected of being proceeds of crime.
This was after state prosecutor Daniel Ngwira submitted a substituted indictment before chief resident magistrate Davies Chibwili.
Ngwira submitted that Pursuant to section 213 of the Criminal Procedure Code(CPC), the state wished to substitute the indictment by way of adding more counts.
In this matter, Muchemwa, 38, of L/26392/M in Silverest area Chongwe and two others pleaded not guilty to counts of possession of property suspected to be proceeds of crime and failure to comply with the provisions of the Income Tax Act contrary to Section 99 (1) as read with Section 98 of the Income Tax Act Chapter 323 of the Laws of Zambia.
Muchemwa is jointly charged with two persons in the name of companies namely Friltech Networks Zambia Ltd and Altitude properties Ltd.
“If our short application be granted the state is ready to submit to 213 subsection 1 of the CPC since so far 4 witnesses have already testified,” Ngwira said.
Meanwhile, the defence had no objection to the application of having the indictment substituted but asked the court to adjourn the matter because counsel who was supposed to handle the matter was handling other cases at the high Court.
“We do not object to the application but we wish to apply for an adjournment, as the counsel who is supposed to be here is at the high court, so may the matter be adjourned to the earliest possible day. We also want to take some time to go through the new counts that have been added,” defence submitted.
It is alleged in count one that Muchemwa on a date unknown but between January 1, 2015 and August 31, 2022, jointly and whilst acting together with others unknown, did possess property number L/26392/M, located at Silverest off Great East Road reasonably suspected of being proceeds of crime.
In count two, Muchemwa on a date unknown but between January 1, 2015 and August 31, 2022 in Chongwe jointly and whilst acting together with others unknown, did possess property number L/26395/M, located at Silverest off Great East Road reasonably suspected of being proceeds of crime.
Details in count three, it is alleged that Muchemwa and Friltech Networks Zambia Ltd on a date unknown but between January 1,2015 and August 31, 2022 in Chongwe jointly and whilst acting together with others unknown, did possess property number L/28477/M/H, located at Silverest off Great East Road reasonably suspected of being proceeds of crime.
Trial continues today
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