THE Director of Public Prosecutions (DPP) has entered a nolle prosequi in a matter in which former Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu was charged with theft and money laundering involving K4.4 million.
And Lusaka magistrate Felix Kaoma has since discontinued the case but informed him that a nolle prosequi was not an acquittal but a discharge in which he could be re-arrested.
Lungu was charged with theft and money laundering involving K4.4 million.
It was alleged that Lungu, a legal practitioner, in the first count, between May 22, 2019 and September 28, 2021 being a provisional liquidator, stole K4.4 million, the property of KCM PLC.
It was also alleged in the second count that Lungu, during the same period transferred K4.4 million knowing or having reasons to be believe the same to be proceeds of crime.
The money was said to have come into Lungu’s possession by virtue of being the KCM Provisional Liquidator, which title he earned when he was appointed by the Lusaka High Court in 2019 when ZCCM-IH petitioned for the winding up of the mining firm.
When the matter came up before magistrate Kaoma, Tuesday, Anti-Corruption Commission ( ACC) prosecutor Sipholiano Phiri informed the court that the DPP had entered a nolle prosequi to have Lungu discharged.
“On behalf of the Director of Public Prosecutions for the Republic of Zambia pursuant to the powers vested in me by section 81 and 82 of the Criminal Procedure Code, authorize the entry in record of proceedings that proceedings are discontinued against Milingo Lungu,” read part of the nolle prosequi dated April 5 2022.
Magistrate Kaoma then discharged Lungu and he walked to freedom.
More than five witnesses had already testified in the matter.
Zacharia Muya of Messers Muya and Company confirmed to the court that K4.4 million was deposited to his firm
and that Lungu instructed him to distribute the money to a company, its representative and himself (Lungu) and Mwambazi Financial Service Limited.
But a representative of Mwambazi Financial Service Limited, the company alleged to have received monies from Muya and Company, said only K3.5 million was deposited into the firm’s account and denied getting K520,000 and K156,000 cash.