ACC appeals against Masebo’s acquittal
Published On August 1, 2017 » 1762 Views» By Administrator Times » HOME SLIDE SHOW, SHOWCASE
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By CHILA NAMAIKO –
THE Anti-Corruption Commission has appealed against the Lusaka Magistrate court’s acquittal of former Tourism Minister Silvia Masebo.
This is in a matter in which Ms Masebo was charged with abuse of authority of office in relation to the cancellation by the Zambia Wildlife Authority (now Department of Wildlife and National Parks) to cancel a tender for hunting blocks.
The ACC h said yesterday it had filed an appeal to the High Court on the grounds that the trial court erred in law when it made a final assessment as to the witnesses’ credibility, especially as to their truthfulness at the no-case-to-answer stage.
ACC public relations manager Timothy Moono said in a statement the Commission was of the opinion that the trial court erred in law when it acquitted the respondent at the no-case-to-answer stage in count one when there was proof of one ingredient of the offence charged.

MASEBO

MASEBO

“The trial court erred in law when it considered a benefit as one of the ingredients of the offence of Abuse of authority of office,” Mr Moono said.
The trial court also erred in law when it held that Masebo’s act of directing ZAWA to cancel the tender process did not amount to abuse of authority of office.
Mr Moono said the ACC would argue that said the lower court misdirected itself in law when it gave an unbalanced evaluation of the evidence where only the flaws the State’s argument against the respondent  where considered, disregarding the strengths of its case.
He said that the trial court erred in law when it accepted the hearsay evidence of DW2.
Ms Masebo, the former Chongwe Member of Parliament (MP), was on July 14, this year, acquitted of the charge of cancelling ZAWA hunting concessions without following laid-down procedures.
Lusaka magistrate Ireen Wishimanga held that Ms Masebo did not abuse her authority because there was no tender she cancelled other than announcing the decision on behalf of the Government.

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