A LUSAKA businessman has been found with a case to answer in a case in which he is accused of forging President Edgar Lungu’s signature on a land allocation document and that of former State House press aide Amos Chanda on a letter acknowledging a business appointment with the Head of State.

Richard Mutale, 47, has been found with a case to answer on seven charges but acquitted on four counts.

In this matter, Mutale, of Makeni, was facing seven counts of forgery, three counts of uttering a false document and one count of obtaining money by false pretenses.

In the first count, it is alleged that on March 13, 2019 in Lusaka, Mutale with intent to defraud or deceive, forged a document namely an acknowledgement of a business appointment with the Head of State, a letter purporting to show that it was genuinely written and a signed by Amos Chanda in his capacity as Special Assistant to the President, when in fact not.

In count two, the accused person is alleged to have on March 14, 2019 with intent to defraud forged a document namely, land allocation in Petauke District dated August 25, 2015 addressed to the acting district commissioner, purporting to show that it was genuinely written and signed by President Lungu, when infact not.

In count three, it is further alleged that on March 13 last year, Mutale with intent to defraud, obtained K10,000 from William Simpson by falsely pretending that it was meant for an appointment to meet the President, when in fact not.

In count four, Mutale on March 14, 2019 allegedly forged a document namely, Republic of Zambia General Receipt (GRZ) number G.4484777 in the sum of K9,820 by purporting to show that it was genuinely issued by State House when in fact not.

In the fifth count, the accused is alleged to have on the same date knowingly and fraudulently uttered a false document, namely Republic of Zambia General Receipt (GRZ) number G4484777 in the sum of K9,820 to William Simpson.

In count six, Mutale is alleged to have on unknown dates but between November 11 and 14, 2018 in Lusaka, forged a document namely, Patriotic Front business card in the name of Richard Joseph Mutale purporting to show that it was issued by the office of the political adviser to the President, when in fact not.

In count seven, Mutale is alleged to have on March 14, 2019 uttered a false document namely, Patriotic Front business card in the name of Richard Joseph Mutale to William Simpson pretending to show that it was issued by Patriotic Front when in fact not.

In count eight, Mutale on the same date allegedly forged a document namely, Grade 12 certificate number 93102445 in the name of Richard Mutale purporting to show that it was genuinely issued and authorised by Examination Council of Zambia when in fact not.

In count, nine Mutale with intent to defraud, allegedly forged one bachelor of arts degree number BAA 3870 by purporting to show that it was genuinely issued and authorised by the University of Zambia when in fact not.

In count 10, Mutale is alleged to have on March 14, 2018 forged a document namely, a letter of admission to become a supplier of heavy duty mine equipment and goods dated February 11, 2019 by purporting to show that it was genuinely written and signed by Paul Chanda, the then Permanent Secretary for Ministry of Mines, Energy and Water Development when in fact not.

And in the last count, the accused is alleged to have knowingly and fraudulently uttered a false document on March 13, 2019 namely, acknowledgement of business appointment with the Head of State dated March 13, 2019 to William Simpson a managing director at Truck and Trailer Sales Limited.

When the matter came up for a ruling on case or no case to answer, Wednesday, Chief Resident Magistrate Lameck Mwale said he had carefully perused through the evidence adduced by the Prosecution in the matter.

He added that he was of the view that a prima facie case had been made out against Mutale sufficiently to warrant the court to put him on his defence in respect of count one, two, four, six, eight, nine and 10.

“I therefore find him with a case to answer in respect of the said counts and I accordingly put him on his defence in respect thereof,” Magistrate Mwale said.

As regards to count three, five, seven and 11, he said the State had not established a prima facie case against the accused in respect of the same sufficiently to warrant the court to put the accused on his defence.

Magistrate Mwale therefore, acquitted Mutale in respect of the said counts.

“The Prosecution evidence as it relates to the counts in question is so manifestly unreliable that no reasonable tribunal properly would safely convict the accused in respect thereof in an event that he elected to remain silent. For example in count three, the person the accused is alleged to have obtained money from, William Simpson, he was not brought as a witness by the State to support the charge,” said Magistrate Mwale.

“Similarly in count five, seven and 11, the accused is alleged to have uttered false documents to Simpson William, however the said Simpson William was not called as a witness to support the charges in question. In this regard, I find the accused with no case to answer in respect of count three, five, seven and 11 and I accordingly acquit and set him free in respect thereof.”

Mutale said he will give evidence on oath and call one witness for his defence in respect of the counts where he’s been found with a case to answer.

The matter comes up on December 2, this year, for defence.