2 December 2011
Former Labour minister Austin Liato yesterday pleaded not guilty to a charge of receiving stolen property.
The former minister appeared before Lusaka chief resident magistrate, Joshua Banda, over the K2.1 billion that was unearthed at his Lusaka West farm house by a combined team of investigative officers from the Zambia Police Service, Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC).
Facts of the matter are that on unknown dates but between September 1 and November 24, 2011 in Lusaka, Mr Liato did receive or retain K2.1 billion knowing or having reasons to believe that the money had been feloniously stolen, taken, extorted, obtained or disposed of.
The tired-looking Liato, soon after taking his position in the accused dock told magistrate Banda, who read out the charge to him, that he understood the indictment but that he was not guilty. Liato has since been granted a K50 million cash bail.
The 46-year-old politician cum-businessperson of house number 5587, Lufubu Road, Lusaka’s Kalundu residential area, has also been ordered to provide the court with two working sureties in their own recognisance.
Magistrate Banda also ordered that Mr Liato deposits his passport before the court as part of the bail conditions.
Liato is charged with receiving or retaining stolen property contrary to Section 318 (1) of the Laws of Zambia.
Taking plea before a fully packed court room, the former minister told the court that he was pleading not guilty to the charge levelled against him.
One of Liato’s lawyers, Nellie Mutti from Lukona Chambers, urged the court to grant her client bail as her client was of fixed abode who availed himself freely to the police when he was requested to do so.
Ms Mutti said the charge that the accused was facing was bailable and that he was not feeling well as his blood pressure had shot up while in police custody.
She said if granted bail, the accused person was willing and ready to abide by any reasonable conditions that the court would set for him.
Another defence lawyer, Mutemwa Mutemwa, urged the court to take judicial notice that Liato was a senior citizen who held a ministerial position and as such should be given a benefit of doubt.
But division prosecutions officer, Christopher Kanema, said the State was not objecting to the application but urged the court to take into consideration the fact that the accused eluded the police before he handed himself in.
Mr Mutemwa, in response, said that it was not correct that Liato had eluded the police but that his client was in his former constituency preparing for an election petition after losing in the September 20 elections. He told the court that Inspector-General of police, Martin Malama, was informed about the whereabouts of the former minister.
The defence lawyers further argued that the fact that their client had K2.1 billion was no justification for the court to impose harsh bail conditions.
In granting Liato bail, magistrate Banda said: “As correctly stated by the defence lawyers, the granting of bail is at the discretion of the court. In this case, I allow the application and grant the accused K50 million cash bail with two working sureties in their own recognizance in the light sum of K50 million.”
Magistrate Banda then informed Liato that he would remain in custody until the bail conditions were met.
Liato was, after about 30 minutes, driven by the police to Kamwala Remand Prison in a Zambia Police vehicle where he was remanded while waiting for the finalisation of the bail formalities.
Liato, who had difficulties in jumping into the police truck, commonly known as ‘Kasalanga’ asked photographers and cameramen at the scene whether they were not tired of taking pictures of him.
Magistrate Banda has set January 16, 2012 as the date for commencement of trial. Mr Liato will appear for mention on December 22, 2011.
On Friday last week, a combined team from the Police, ACC and DEC raided Liato’s farm number 44, Mpamba Settlement in Mwembeshi area where they conducted an operation and dug out K2.1 billion cash.
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Zambia: Former Labour Minister Austin Liato Pleads Not Guilty