Headlines

State Appeals Former C/Belt Police Commissioner’s Acquittal

The High Court has allowed the State to appeal the acquittal of former Copperbelt Province Police commissioner Mary Tembo, in a case she was accused of abuse of authority of office.

The Ndola Magistrate’s Court last year acquitted Tembo, 58, of house number 4, Bukafu Street in Ndola.

This was after the court established that the prosecution failed to prove the case against the former police commissioner.

It was alleged that between May 1 and June 30, 2013 in Ndola, Tembo abused the authority of her office as commissioner of police by obtaining a Toyota Corolla registration number AAX 5716 from Grizzly Mining Limited, which she registered in her name, thereby obtaining benefits for herself.

It was further alleged that Tembo, on dates unknown but between November 1 and December 31, 2012 in Ndola, abused her authority of office by asking Grizzly Mining Limited, a private company, to fix her personal Toyota Cressida registration F100.

She was acquitted and the court also ordered that the said vehicle be given back to her.

However, the State appealed her acquittal arguing that the trial court erred in law when it found that the state had not proven that there was a benefit to Tembo.

And when the matter came up for hearing before Ndola High Court judge Yvonne Chembe, Tembo’s lawyer raised a preliminary issues, requesting the court to determine whether or not the appeal was properly before it as the State lodged the application after 14 days had elapsed.

In its response, the State conceded that the appeal was lodged seven days out of time.

It, however, argued that in lodging the appeal, it used form 33 of the Criminal Procedural Code which contained a section to be filled when one is lodging an appeal out of time.

In her ruling, judge Chembe allowed the State to lodge the application for leave to appeal out of time.

She said the notice of appeal attached with reasons why it was being entered out of time was sufficient to constitute an application for leave to appeal the court’s decision.

“Therefore the notice of appeal as lodged by appellant was sufficient to constitute an application for leave to appeal out of time. In view of this, I find and hold that the appeal is properly and competently before this court,” judge Chembe said and then set November 8, 2019 as date to hear the application for leave to appeal out of time.

 

4 Comments

  1. Malfeasance Investigator

    So Mary Tembo was acquitted. Wish her luck in her Appeal. Mismanagement and abuse of power came late in most Zambian institutions such that those appointed to responsble positions cannit even define it. To the majority they think it’s wining to be appointed to responsble position and they abus etheir power arrogantly. If judicial officers could abuse their power. How could Mary Tembo know that she was abusing her power… We hope to Nail Kakoma Kanganja and Nelson Phiri for abuse of authority and we are ready with indisputable evidence against them, in allegedly aiding and abetting racketeering and money laundering acts on a female UN Diplomat’s benefits, and illegally with holding her Zambia Police benefits,, and abusing the judicial process for corruption and money laundering acts in which they allegedly induced removal of the civil suit against them.. And we are ready to prove that they benefited from the vices. Even in conspiracy to assasinate the Diplomat with the same poisoning agent they used in killing the Diolomat’s daughter.. Where is Zindaba Somo Today.. He didn’t know how abuse of authority looks like such that he allegedly aided car robbers to illegally transfer Diplomatic motor vehicles. It’s unacceptable and Zambia ought to accept international experts to come and help it build capacity in all its state institutions including in the judiciary. It’s not a Privillege to abuse authority. Those that fail to use their positions responsbility must account. Even Concourt Judges allegedly abused their power and they must account.

  2. Abuse of Power Victim

    Further, even some Judge recently allegedly abused his power in refusing to hear preliminary points of law, and ruling on an appeal he did not hear 2 years ago, but after the victim filed an application for review in the court below, the said Judge prevented the review to be heard, and instead imposed his abandoned jeopardized appeal to be heard.. Yet the law prohibits hearing of such appeal when the review application is still pending, in the court below….Upon raising preliminary points of law. He refused to hear them, and instead ruled on hearing from the fraudster lawyer who manipulated the victim with abuse of the judicial process, when she filed documents which the Chief Registrar advised her to file, during the time she complained of such fraudster lawyer stealing documents from the file to induce a Ruling if not joining vital parties,mto such illegal suit. Then such fraudster lawyer used the victim ‘s points of law to manipulate her, which the victim had asked the Court to stop such fraudster lawyer from abusing his jurisdiction,min soliciting an unqualified advantage. But the Judge instead allegedly blantanty abused his power and refused to hear the Preliminary points. We demand A thorough investigation into such abrogation of the law and we demand that the Judge recuses himself from further participating in the matter as he dies nit even hVe jurisdiction in maintaining the fraud committed upon him by the fraudster lawyer; and we demand that further proceedings be under camera. As there is an indication of the alleged abuse of power to be a sexual harassment gender crime.
    At the outset, such alleged abuse of power appears as though the Honourable Judge, has an interest to serve in the illegal suit before him.. and his acts may amount to collusion and corruption… We demand that he be suspended and probably impeached.

    So President ECL must look out of the box, for him to have an effective accountable workforce in all institutions.

  3. Sexual crimes victim

    Furthermore and in addition to the alleged abuse of power by the Judge who refused to hear Preliminary points of law. Another Judge who was previously allocated such matter declined to do anything on such matter until the victim’s application to strike out the statute barred matter was heard and determined, so the victim finds it unfair , dangerous and prejudiced that each time she raised preliminary points of law. Such Honourable Judge allegedly abused his Piere and prevented the preliminary points. It is nit envisioned as to why he even wants to progress an illegal suit before him,myet the statutes of fraud already bar him from participating in the fraud inflicted on him. We have requested the Chief Justice and President ECL to Suspend the Judge and convene an independent panel to look into the allegations . In addition, a Constitutinal Court Judge recused himself so easily when he was asked to and clearly stated in his Ruling that nit having recused himself, would amount to conduct prohibited by law. But the Judge alleged to have abused his authority allegedly engaged in conduct prohibited by law…. So Abuse of power in Zambia seems to be an accepted norm. Majority cannot even define it. We demand that the Chief Justice prevents her march inert from being used as a device of inflicting gender crimes. Accountability is not optional and the Constitution is clear that the Judge must account for what has been alleged.

  4. Sexual Crimes victim

    As a victim of sexual violence having been progressed in abuse of the judicial process. I call on President ECL to consult with President Paul Kagame and President Cyril Ramphosa,mom how he can effectively fight gender crimes in Zambia. Some people are ignorant of the vices. They call it a norm and male bonding go group and a buse state machinery and the judicial process in harassing women. But at the end of the day, I have caught them for gender crimes and filed legal action against Zambia for the vices. President Cyril Ramaphosa has called for urgent action to counter violence and pledged £60m for measures including public education, strengthening the criminal justice system, increasing sentences for perpetrators of sexual offences and providing better care for victims.

    If President Cyril Ramaphosa has called for urgent action to counter violence and pledged £60m for measures including public education, strengthening the criminal justice system, increasing sentences for perpetrators of sexual offences and providing better care for victims. What has President Lungu done???

Comments are closed.