Lusaka Magistrates court acquits 28 year old man for counterfeit notes

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A 28 year old of Kuku Compound has been acquitted by the Lusaka Magistrates Court in matter he was accused of for being in possession US$ 263 pieces of 100 dollar counterfeit notes.

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The accused Emmanuel Mulongwe was jointly charged with his two co- accused Ireen Muzyamba 48 of Luanshya and Ignatius Kalaba, 44 of Kapiri Mposhi who have been found guilty and convicted pending sentencing on June 30, 2014.

In the first count Emmanuel Mulongwe and Ireen Muzyamba are jointly charged for being in possession of counterfeit currency notes contrary to section 358 of the Penal Code Chapter 87 of the Laws of Zambia.

It is alleged that Emmanuel Mulongwe and Ireen Muzyamba on March 13,  2014 jointly and whilst acting together did possess two hundred and thirty 230 pieces of 100 dollars counterfeit currency notes without lawful authority.

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And in the second count, Emmanuel Mulongwe is jointly charged Ignatius Kalaba for being in possession of counterfeit currency notes contrary to section 358 of the Penal Code Chapter 87 of the Laws of Zambia.

It is alleged that Emmanuel Mulongwe and Ignatius Kalaba on March 13 2014 jointly and whilst acting together did possess 33pieces of 100 dollars counterfeit currency notes without lawful authority.

And Magistrate Wendy Chibesakaunda sitting with Magistrate Briswe Tantameni acquitted Emmanuel in the matter saying he could not fall in section 21 of being an accomplice because the counterfeit notes could not be traced to him as a source or being on duty of finding a supplier or buyer as there was no actual buyer in the vicinity to confirm that it was him.

Magistrate Chibesakunda said Mulongwe  was not with his co-accused on the day they were arrested hence there was a loophole in the prosecution evidence to connect him to the matter.

She said she found the other accused persons Ireen Muzyamba and Ignatius Kalaba guilty as they were found in possession of the suspected counterfeit notes which were proved to be counterfeit.

She further said the offence in question of possession was sufficient evidence hence both the accused persons have not justified their being found in possession of the counterfeit notes.

The matter has since been adjourned to June 30, 2014 for mitigation and sentencing.

 

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