LUSAKA chief resident magistrate Davies Chibwili has ordered the forfeiture to the State of US$200,000, gold worth K58million and a Prado seized from a Chinese ouple which was recently arrested for smuggling the goods into Zambia.
Magistrate Chibwili further sentenced Zhao Yanjing, 45, and Zhao Changson, 58 to pay a K100, 000 fine each after finding it guilty of conveying gold and cash suspected of having been stolen.
If the couple fails to pay, it risks being jailed nine months simple imprisonment if they fail to pay the fine imposed.
This is in a case Mr Changson and his wife were charged with fraudulent dealing with minerals, smuggling and failure to declare currency, use of vehicle for smuggling and possession of property suspected of being proceeds of crime.
On August 12, the couple, with intent to defraud, transported and concealed 29.925 kilogrammes of gold from an unknown source into Zambia without lawful authority.
In the second count, it was alleged that on the same date, the couple smuggled the same gold which was concealed in a Toyota prado, AGP 8998 from Zimbabwe into Zambia.
In count three, allegations are that the couple imported US$200,000 into Zambia, a currency exceeding the value required to be declared upon entry into Zambia, but they never declared it.
Claims in count four are that on the same date, the accused used their Toyota Prado to smuggle gold and the US$200,000 into Zambia.
In the last count, the couple was accused of having 29.925 kilogrammes of gold and US$200,000 suspected of being proceeds of crime, contrabands were stashed expertly in the car’s door panels,
When the case came up yesterday, deputy chief state advocate Margret Chitundu informed the court that the State and the defence had entered into an agreement.
Ms Chitundu also applied to amend the indictment to replace the charges with the offence of conveying property suspected of having been stolen.
The allegations involve the 29.9kg gold and the US$200,000 cash found in the couple’s car, properties suspected to have been unlawfully obtained.
The couple pleaded guilty to the new charge before being convicted.
In mitigation, led lawyer Mwansa Chambaila of Ituna Partners, said convicts were remorseful for the misdemeanour they admitted committing.
“It is our submission that accused being first offenders, this court may be lenient. The two convicted persons have also not wasted the court’s time and are ready to pay for their guilt. We pray for the indulgence of this honourable court to take this factor into account” Mr Chambaili said in a comprehensive mitigation.
“I also take note they pleaded guilty at first instance and that to me is showing remorse”.
He sentenced them to a K100, 000 fine each before Ms Chitundu applied that the properties seized from the couple be forfeited to the State.
She anchored her forfeiture application on sections 4 and 10 of the Forfeiture of Proceeds of Crime Act Number 19 of 2010.
“The application by the state is that the listed property being 40 pieces of gold weighing 29.92322 kilograms, a Toyota Prado registration number AGP 8998 and US$200,000,” Ms Chitundu submitted, a plea the defence never objected.
Magistrate Chibwili granted the forfeiture order because the convicts had lost their rights to wone the properties.
(Mwebantu, Tuesday, September 10th, 2024)