Thursday, June 04, 2009

Health ministry civil servant appears in court, pleads not guilty

Henry Kapoko, the civil servant behind the money scam at the ministry of health has appeared in court June 3 and pleaded not guilty to one count of obtaining money by false pretences amounting to K1.9 billion. Kapoko, a human resources manager at the ministry appeared before chief resident magistrate, Charles Kafunda, before the case was re-allocated to Lusaka magistrate Kenneth Mulife where plea was taken.

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, this was not the case.

After plea, Kapoko’s lawyers Nicholas Chanda and Kelvin Bwalya applied for bail. They said their client was a Zambian who was married with fixed abode, still employed by the Ministry of Health and entitled to bail.

But divisional prosecutions officer, Frank Mumbuna objected to the bail application, saying Kapoko could not be trusted as police officers only managed to arrest him a few minutes before he was about to leave the country. He said one of the conditions to sustain the bail application was the possibility of Kapoko availing himself to the court but this was not the case because the accused could not be trusted.

“It took 10 days for the police to locate Kapoko and it is a pity that the defence are not aware about this. The investigations team went to his home in Woodlands but nobody knew his whereabouts. Even his uncle expressed ignorance,” he said and added that the arresting officer only traced Kapoko when the accused made a telephone call to his best friend.

But Chanda said there should be no fear of fleeing because Kapoko’s passport had been submitted to the investigations officers and he would abide by the instructions set by the court.

“Our client is merely facing allegations until proven guilty by a competent court. Our prayer is that you proceed with your discretion since Kapoko is innocent as at now unless the State proves that he is guilty,” Chanda said.

He said the police had no difficulties in locating Kapoko who would always avail himself when needed.

Mr Chanda said it was not true that the State had difficulties in locating Kapoko but that it was police who were not ready to arrest his client as he had been detained since Saturday last week and was only charged on Tuesday.

He said police officers only charged Kapoko under pressure from somewhere and challenged them to start trial and not to concentrate on incarceration.

Mr Mulife reserved ruling for Kapoko’s bail application to tomorrow to allow him time to look at the submissions by both the State and the defence lawyers, which he said, were lengthy.

And after court proceedings, Kapoko was whisked away i

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