LUSAKA High Court Judge Mwila Chitabo has upheld the conviction and the two years jail sentence slapped on Former Republican President Rupiah Banda’s son Andrew by the Magistrate Court.
Banda, a former First Secretary at the Zambian mission in Italy, was convicted on one count of gratification for giving assistance on contracts, contrary to the Laws of Zambia.
” On the evidence above, I find that the lower court was on firm ground when he convicted the accused, I dismiss the appeal,” Judge Chitabo said.
But High Court judge Mwila Chitabo in handling down his judgment, dismissed all the grounds of appeal and upheld the 24 months jail sentence.
Reading a one and half hours judgment said the Magistrate Court did not error when it convicted the accused to two years.
He said there was overwhelming evidence on the record that the convict solicited for the said gratification with the payment made into one of his companies AB Logistics.
In his appeal, Banda argued that the trial court erred in law when it held that he solicited gratification when there was no evidence to that effect.
He said the trial court erred in law and fact when it ignored the evidence of witnesses from the Road Development Agency (RDA) when they said the contracts were awarded to Fratelli Locci SRI Limited on merit and he played no role at RDA.
Banda submitted that the trial court erred in law when it held that he could be held liable for payments made to AB Logistics Limited without any order of the incorporation of the said company.
He said the trial court erred in law and fact when it disregarded the evidence of the business relationship between the accused and Mr Antonelli Locci.