10 July 2009
LUSAKA High Court Judge in Charge Essau Chulu yesterday dismissed an appeal for bail application by former Ministry of Health human resources officer Henry Kapoko.
Mr Justice Chulu in dismissing Kapoko's appeal said that the accused had taken the appeal for bail application under a wrong order and advised him to reapply under the correct one. And the court has amended the bail conditions granted to Kapoko's co-accused Fred Chileshe and six other former Ministry of Health officials.
Mr Justice Chulu delivering ruling in his chambers yesterday ordered the seven to deposit movable assets not less than K500 million to the court instead of the K500 million cash bail which the lower court had ordered them to pay.
Magistrate Kenneth Mulife had denied Kapoko bail on two occasions on grounds that he allegedly attempted to flee the country and was only apprehended by investigations officers who pretended to be his friends on the phone.
Mr Mulife had granted bail to the six and ordered them to pay K500 million cash each, report to the police every Friday, surrender passports and have two sureties holding managerial positions in the civil service and based in Lusaka.
This is in a case in which Kapoko pleaded not guilty to one count of obtaining money by false pretences amounting to K1.9 billion. Kapoko, 36, between January 22 and February 28, this year while acting with other persons unknown with intent to defraud the Ministry of Health, allegedly purported to have ordered and shipped 50,000 mother baby kits worth K1, 989,000,000 when in fact, not.
Kapoko and Chileshe 26, of Olympia Park, operations manager at Best Home Lodge allegedly stole K1.9 billion from the Government between December 28, 2008 and February 28 this year. And Kapoko, alone is facing one count of issuing a cheque on an insufficiently funded account contrary to section 33 (1) (4) of the National Payment and Systems Act Number 1 of 2007 of the Laws of Zambia.
Kapoko between February 1 and 17 with intent to defraud willfully and dishonestly issued cheques numbers 000241 and 000242 amounting to K99 million on Kahekam Limited account number 00641361400 to Goldman Insurance Limited. The other six Ministry of Health officials are Abel Katongo, 53, of PHI, Anthony Mwila, 36, Woodlands, Royd Onde, 39, Chelston, Justine Phiri, 37, Kabwata Site and Service, Nobert Peleti, 37, Chilenje, and Zukas Kaoma, 38, of Lilayi.
Katongo is head of procurement and supplies, Mwila is senior procurement specialist Onde an accountant, Phiri internal auditor, Peleti assistant director and Kaoma a principal accountant. The six between December 1, 2008 and February 28 this year allegedly stole K1.9 billion belonging to the Government which came into their possession by virtue of their employment.
Another court yesterday reserved ruling in a matter in which 11 Ministry of Health officials and two others facing theft counts involving K6.8 billion had applied for bail pending trial. This was after the 13 accused pleaded not guilty to 20 counts of theft by servant and theft contrary to sections 272 and 277 of the Penal Code chapter 87 of the laws of Zambia.
This is in a case in which Kapoko is jointly charged with Zukas Kaoma, principal accountant, Nobert Peleti, assistant director of operations, Evaristo Musaba a former chief accountant the ministry, Vincent Luhana, a senior accountant and director of health Chrispin Sichone.
Others are Esau Banda a former internal auditor, internal auditor Justin Phiri, assistant internal auditor Christopher Bwalya, Roy Maswenyeho, principal accountant, Luka Makeche, a senior accountant and Algonquin Management consultants Naomi Chawinga and Masuzyo Chawinga.
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