Africa-Press – Zambia. THE Lusaka Magistrate Court has acquitted Lusaka lawyer Mutemwa Mutemwa, his son, also a lawyer and a police officer Dennis Mano Kayombo who pleaded not guilty to charges of theft of US$800, 000 after the state decided to withdraw the matter from the court.
The withdrawal by the state angered the judge who warned the state to be serious with some of the matters they bring to the court, saying matters have to be fully investigated to avoid such withdrawals.
This is in a matter in which Lloyd Chinjenge, 42, a businessman of Lusaka applied for the matter to be dismissed stating that there are some ongoing transactions between him and the accused and also that he has a good relationship with the lawyer.
Mutemwa senior, his son Mutemwa Jnr and Kayombo appeared before resident magistrate Dominic Makalicha in a matter in which they were charged with two counts of theft. However, after the court analyzed the submissions made by the complainant and the prosecutor and their reasons were given, it dismissed the matter.
“The state through the prosecutor are the ones who brought the accused to court and these are the same people who have suggested to offer no evidence against the accused, the court therein is kept with no option but to have the matter withdrawn because they have chosen to offer no evidence against the accused,” said Magistrate Makalicha.
He further said people should stop using the court as a “rubber stamp” having matters within the courts when in fact it’s the state that is not interested in prosecuting the matter.
In October, according to a Zambia Police statement, a lawyer and a police officer were on the run after they allegedly stole US$800,000 during a search party at a suspect’s home. Police spokesperson Rae Hamoonga, in a statement, named the fugitives as Mutemwa Mutemwa State Counsel (SC) of Mutemwa Legal Practitioners and Detective Chief Inspector Mano Kayombo of Lusaka Central Police Station.
According to the statement, Mr. Hamoonga said that the money is the property of Lloyd Chinjenge of House number 2415 Ibex Hill Lusaka. Mr Hamoonga said the incident occurred on 19th October, 2021 in Salama Park area, Lusaka, when police received information that Chinjenge was in possession of an undisclosed amount of money on his premises believed to have been unlawfully obtained.
He said a search party of officers, among them Detective Chief Inspector Kayombo was constituted to conduct searches on two premises belonging to Chinjenge in Salama Park and another in Ibex Hill. Mr. Hamoonga said both searches were witnessed by Mutemwa Mutemwa Junior on behalf of Chinjenge.
“Not known to the rest of the search party, whilst the search was going on at the ibex hill premise, Mano and Mutemwa SC, who was instructed by Mutemwa Jnr to assist, went to the Salama Park residence and picked up two bags suspected to have contained the sought money from one of the motor vehicles belonging to Chinjenge on his instruction for safe custody. The incident was witnessed by an officer undercover who was left to keep vigil at the said residence.
“The following day, the 20th October 2021 Chinjenge reported to the police that the said lawyers stole the $800,000=00 which he had entrusted them to secure,” Mr Hamoonga said.
He said when police summoned Mutemwa Jnr and under warn and caution, he disclosed that Mutemwa SC and Mano got the money amounting to $400,000.00 and not $800,000. Mr. Hamoonga said Mutemwa has since been arrested for theft.
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