THE Director of Public Prosecutions (DPP), Gilbert Phiri, has officially appealed the acquittal of Patriotic Front (PF) faction vice president, Given Lubinda, who was cleared last month on charges of possessing properties suspected to be proceeds of crime.
https://www.facebook.com/share/p/169VARqMyd/?mibextid=oFDknk
The appeal, filed in the Lusaka High Court signals the State’s determination to continue pursuing the case.
Lubinda was acquitted by the subordinate court on April 18, 2024.
However, in the notice of appeal, Phiri argued that the trial court made several errors in its judgment.
Specifically, the DPP contends that the lower court erred in concluding that the funds received by Lubinda in his dollar account were not proceeds of crime, given the evidence presented during the trial.
Furthermore, the appeal challenges the trial court’s finding that Lubinda provided a credible explanation for the funds held in his dollar account.
“The trial court erred in law when it held that the US$50,000 paid to Kingsland City as part payment towards the purchase of a landed property was not tainted property,” he said.
The notice of appeal further stated that the trial court erred in its finding that the prosecution’s evidence failed to establish reasonable suspicion and that the prosecution did not prove the elements of the offense on a balance of probability, ultimately leading to Lubinda’s acquittal.
Last year, Senior Resident Magistrate Standford Ngobola ruled that the prosecution had failed to prove that the money deposited into Lubinda’s dollar account constituted proceeds of crime and that the properties in question were indeed tainted.
By Lucy Phiri
CAPTION PHOTO: Given Lubinda, Picture by Andy Luki
Kalemba May 6, 2025
