The case in which a Lusaka lawyer Lewis Mosho is facing theft and money laundering today took a twist as the accused was asked to take plea for the second time.
This was after the defence team challenged the ninth witness Mr. Chipinda Kakombe a Business Manager at Stanbic Bank to confirm that the bank statements he presented before the court were not related to the bank account referred to on the indictment.
Kakombe told the court during cross examination that the bank statements he presented are during the period January 13, 2005 to January 31, 2006 and not the year 2010 as indicated on the indictment.
This prompted the State Prosecutors to apply for an amendment to the indictment to change the year from 2010 to 2005.
And Musho pleaded not guilty to the charges as read to him by Chief Resident Magistrate Joshua Banda who is presiding in the matter.
Particulars of the offence before the amendment read that Musho is alleged to have on August 23, 2010 in Lusaka being a resident director and transfer agent for Shoprite holdings limited and a partner in Lewis Nathan Advocates, transfer secretaries for the Shoprite Holdings Limited stole K69, 630 on cheque number 000186 from Lewis Nathan Advocates clients account number 014/00317489/02 domiciled at Stanbic Bank (z) Limited, property received by him on account of Shoprite Holdings Limited.
Mosho is also alleged to have on August 23, 2010 in Lusaka engage in a business transaction whereby he partly paid for the acquisition of property number 100/94 Ibex Hill, in Lusaka.
This was with proceeds of crime being K69, 630 on cheque number 000186 funds illegally obtained from Lewis Nathan Advocates clients account number 014/00317489/02 domiciled at Stanbic Bank (Z) Limited, which he used for clearing the balance on the purchase price of the property offered to him by National Housing Authority.
In the same matter, a witness Bwalya Makasa 35, a Corporate Affairs Executive at National Housing Authority (NHA) testified that in 2005 when she was the Sales Marketing Offier, Mr. and Mrs. Mosho approached NHA to purchase a house on July 12, 2005.
Ms. Makasa said that a letter of offer was extended to Mr. Mosho at a purchase price of K317,830 million and that one of the conditions was to make a down payment of 50 percent.
She further told the court that on August 10, 2005 over K248 million was paid by Mosho to NHA and that the second and final payment was made amounting to K69, 630 million
At this point Makasa testified that a property file was then opened for plot number 100/94 Ibex Hill, Lusaka.
Another witness John Nyirenda of Chachacha in Kitwe a Chief Accountant at Copperbelt Forestry also told the court that over K185 million was paid to construct four fabricated houses in Livingstone at 30 Gweembe Street for a client called Elite Apartments and signed by Mosho .
He told the court that although he was there when the invoice was signed he came across the documents by virtue of his work.
At this point the defence objected and cautioned the state on why it was calling someone who was not part and parcel of the transactions to testify in the matter.
But the state contended that the witness has evidence by virtue of his work as the person who transacted in the matter has since died.