Ex-presidential aide, Chanda, acquitted as high court overturns conviction for theft, destruction of records

Former Presidential Aide, Amos Chanda, walked free on Monday after the Lusaka High Court overturned his conviction for theft and destruction of a court record.

Chanda had been convicted by the Lusaka Magistrates’ Court on May 10, 2023, for offences allegedly committed between May 12, 2020, and October 1, 2022.

Lusaka Senior Magistrate Ireen Wishimanga had sentenced him to 12 months of hard labour for theft and fined him K5,000 for the destruction of court documents.

However, in a judgment delivered on Monday, High Court Judge Situmbeko Chocho reversed the conviction, ruling that the trial court had misdirected itself both in law and fact.

She stated that the magistrate’s court relied on discredited and contradictory evidence, including a recording from a tampered device, while disregarding testimony from three court officials who clearly stated the record in question was missing—not stolen.

“I find that all the nine grounds of appeal have succeeded. The lower court relied on evidence from a device that was tampered with and ignored testimony from three court officials who clearly stated that the court record in question was missing, not stolen,” Judge Chocho said.

She also questioned the basis of the prosecution, noting, “Who then is the complainant here? None.”

Judge Chocho further highlighted discrepancies in the State’s case, especially in the timeline of an audio recording allegedly implicating Chanda.

“One witness claimed the recording was made 20 hours before the accused even arrived at Sarovar Hotel. That alone creates serious doubt in my mind.”

She emphasized that the burden of proof lay with the prosecution and found that the State had failed to meet the standard of proving the case beyond a reasonable doubt.

“In the absence of theft, destruction of the record cannot be established either,” she added, overturning the conviction on the second count as well.

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