The Director of Public Prosecutions has appealed against the acquittal of former Minister of Tourism Sylvia Masebo.
On July 14, senior resident magistrate Ireen Wishimanga acquitted Masebo saying she never abused the authority of her office when she directed ZAWA to cancel and nullify the publication of a list of successful bidders for hunting concessions following irregularities that marred the process.
But according to a notice of appeal, the DPP has filed six grounds challenging the acquittal of Masebo.
The DPP said the trial court erred in law when it held that Masebo’s action of directing ZAWA to cancel the tender process did not amount to abuse of authority of office.
It is the state’s contention that the lower court misdirected itself when it gave an unbalanced evaluation of the evidence where only the flaws and not the strengths of its case where considered.
The DPP further argued that the court also erred in law when it accepted the hearsay evidence of a defense witness.
In her judgment, magistrate Wishimanga said Masebo was merely acting on behalf of the Zambian government as late President Michael Sata was equally aware of the irregularities at ZAWA.
The court also noted that Masebo did not in any way benefit from the cancellation of tenders.