MMD Chisamba member of Parliament (MP) Moses Muteteka has appealed to the High Court against a five-year sentence imposed by the Lusaka Magistrate’s Court after he was found guilty of stealing a vehicle.
This is in a matter in which Muteteka is charged with theft.
In his grounds for appeal, Muteteka said the lower court erred in law and fact when principal resident magistrate Aridah Chulu convicted him on the offence of theft of motor vehicle since the cardinal ingredient for theft which is permanent deprivation was not proved as the allegedly stolen motor vehicle was returned to the owners.
Muteteka said the lower court erred in law and fact when Ms Chulu proceeded to convict him in the face of clear evidence on record to the effect that there was a swap of motor vehicles as opposed to permanent deprivation, which defeated the intention of theft.
The matter is scheduled to be heard tomorrow.
Ms Chulu convicted and sentenced Muteteka to five years imprisonment.
In her judgment, Ms Chulu said Muteteka should not have changed ownership of the vehicle into his name because it was government property. She said there was concealment on Muteteka’s part because of being an MP, when he agreed to the community’s petition to have the constituency vehicle swapped with his personal vehicle.
It is alleged that Muteteka, on May 24, 2010 in Lusaka, stole a motor vehicle, namely a Mitsubishi Fuso light truck registration number ABX 3529, valued at K75,000, the property of Chibombo District Council in Chisamba Constituency, which he registered in his name, but he pleaded not guilty.
The prosecution called 11 witnesses to establish a case against Muteteka, while he called four witnesses in his defence.