Lusaka magistrate Lameck Mwale has discharged two directors of Ultimate Insurance Limited accused of stealing over K470,000 from their employer and engaging in money laundering involving K600,000 after the prosecution and complainant failed to appear in court.
Magistrate Mwale has further discharged their co-accused who was charged with impersonation and uttering a false document.
In this matter, Nachi Musonda and Richard Lubemba were charged with 16 counts of theft by directors and a count of money laundering, whereas, Haanyimbo Milambo was charged with impersonation and uttering a false document.
Particulars of the offences from count one to 16 alleged that between January 1, 2018 and May 1, 2019, Musonda and Lubemba, being employed as directors at Ultimate Insurance Limited, stole K479,668.35, property of their employer which came into their possession by virtue of employment.
In count 17, it was alleged that on the same dates, Musonda and Lubemba, whilst acting together with others unknown, engaged directly or indirectly in business transactions that involved K600,000, property acquired from illegal activities.
In count 18, Milambo was alleged to have on the same dates and with intent to defraud, falsely represented himself by issuing a letter dated May 10, 2019 purporting to be a Managing Director of Ultimate Insurance Limited, when in fact not.
And in the last count, it was alleged that Milambo, whilst acting with other persons unknown, knowingly and fraudulently uttered a false document namely a suspension letter, dated May 10, 2029 to Patricia Shikwe, knowing the same to be false.
But when the matter came up before magistrate Mwale, Wednesday, defence counsel Nchima Nchito and Chisuwo Hamwela informed the court that the complainant and prosecutors were not before court and had not communicated.
Magistrate Mwale then dismissed the matter against the three accused persons and discharged them due to the absence of the complainant and the prosecution.
“Having noted that the matter was coming up today, and that the prosecutions are not present and there being no communication, I hereby dismiss the case against the accused and discharge them pursuant to section 201 of the CPC,” ruled magistrate Mwale.