This is in a case in which the Director of Public Prosecutions sued Johannes Kenneth Siogopi trading as A Nam Transport Co.
On May 16, 2018, the DPP’s chambers moved the court in relation to the provision of Section 29 and 30 of the forfeiture of proceeds of crime Act number 19 of 2010 of the Laws of Zambia.
It alleged that a truck and a trailer had 140 logs of Pterocarpus chrysothrix referred to as Mukula tree.
The motion was supported by an affidavit deposed by detective constable Kapulo Siachalinga.
Constable Siachalinga stated that on march 29, 2019, he received information from a concerned member of the public that Sikalwe village in Mbala had two Tanzanian trucks with containers.
Siachalinga said the trucks were parked along the Mbala-Nakonde road for over three days.
He said the trucks were suspected to be loaded with Mukula logs. Siachalinga stated that when he opened the truck loads, he found that it was loaded with 140 logs.
And co-owner of the said truck, Siogopi, said he was not aware that it was contrary to the COMESA agreement for the partnership trucks and trailers to be engaged in any form of illegal haulage.
He also claimed that the driver of the same truck was on the run and was nowhere to be found.
In a judgment delivered in Kasama, judge Charles Chanda ordered the trucks and the 140 logs of Mukula to be forfeited to the State.
“On the totality of evidence, I have come to the inescapable conclusion that the respondent could have dispatched the truck and trailer to Zambia but failed to prove that the said truck and trailer was in the country for a legitimate business other than the 140 logs it was found with. To that extent, the respondent failed to prove on a balance of probabilities that he had no knowledge or was not involved in the commission of the serious offence,” said judge Chanda.
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