IN the avoidance of a lengthy trial for their crime and paying hefty fees to their lawyers to serve them from trouble, a Chinese Couple that smuggled gold and dollars in Zambia opted for the shortest way out of their legal trouble by pleading guilty to their crimes, and were subsequently fined K200, 000 by the Lusaka magistrates court in default nine months imprisonment.
Zhao Yanjing and Zhao Changson who are Zimbabwean residents, were charged with persons puspected of having or conveying stolen property contrary to Section 319(b) as read with section 38 of the Penal Code Chapter 87 of the Laws of Zambia.
The couple on August 12, 2024 whilst acting together with others unknown, uses a Toyota Prado with registration no. AGP 8998 to convey 29.925 Kilograms of gold and cash amounting US$200,000 United States Dollars, which was reasonably suspected to have been stolen or unlawfully obtained.
Zhao Yanjing and Zhao Changson pleaded guilty to the charge before Lusaka chief resident magistrate Davies Chibwili, after Deputy Chief State advocate Magaret Chitundu made an application to have the indictment substituted following an agreement between the defense and the State.
Facts before Court are that on the date in question around 07:00 hours constable Hachibone an investigations officer based at
Lusaka Division Headquarters under the Anti-Break-ins (Scorpion Squad), was assigned together with other officers to follow up a report of suspicious criminal activity on Kafue Road in Lusaka.
It was reported that a White Toyota Land Cruiser bearing registration Number AGP 8998 was carrying illegal items.
Police officers intercepted the couple’s Toyota Land Cruiser Prado and took it to Lusaka central police, where the couple was detained and questioned regarding to the illegal items it had smuggled in Zambia.
When interviewed about the contraband ouple put up a shrewd charade with Yanjing claiming she had purchased the vehicle less than two weeks prior to their interception and was unaware of the hidden items, forcing law enforcers to search their vehicle.
Stashed expertly in the car’s door panels, were 30 kilograms of gold and US$200,000 in cash.
Further investigations revealed that the couple was involved in the business of selling fencing wire.
The gold and the money is in the possession of the Bank of Zambia.
Asked if the facts were correct the couple responded in the affirmative.
Based on its admission of guilt, magistrate Chibwili convicted the couple.
In mitigation the convicts’ lawyer Mwansa Chambaila said Zhao Yanjing and Zhao Changson were first offenders who readily pleaded guilty and were entitled to leniency.
He asked the court to consider imposing a fine unlike a custodial sentence.
“The offence which the convicted persons are charged with is a misdemeanor and a perusal of Section 319(b) of the Penal Code as read together with Section 88 of the Penal Code, clearly indicates that the punishment for this offence is findable and imprisonment not exceeding two years or both,” Chambaila said.
“The two convicted persons are at the mercy of this court and perusal of the facts will show that there are no aggravating factors in the case. We humbly submit that where there are no aggravating factors, it is traditional to punish the accused persons with a fine.”
He said the two convicts were remorseful for their actions and pleaded that they should be fined instead.
In his judgment magistrate Chibwili fined the couple K100,000 each and ordered that in default of payment by close of business yesterday, they save nine months simple imprisonment.
Magistrate Chibwili also ordered for the forfeiture of the 40 pieces of gold weighing 29.92322 kilograms worth K58 million, a Toyota Prado registration number AGP 8998 and US$200,000, following an application for their confiscation by Chitundu.
Chitundu made the application pursuant to
Sections 4 and 10 of the Forfeiture of Proceeds of Crime Act Number 19 of 2010 of the Laws of Zambia.
The couple was represented by Chambaila, David Musonda, Gershom Musukwa and Kwazinkosi Ndhlovu
By Mwaka Ndawa
Kalemba September 10, 2024.
