Lusaka Chief Resident Magistrate Davies Chibwili has ordered the forfeiture of US$200,000, gold worth K58 million, and a Toyota Prado to the State. These items were seized from a Chinese couple who were recently arrested for smuggling them into Zambia.
Magistrate Chibwili also fined Zhao Yanjing (45) and Zhao Changson (58) K100,000 each, after they were found guilty of transporting gold and cash suspected to have been stolen. If they fail to pay the fine, they could face nine months of simple imprisonment.
The couple faced charges of fraudulent dealing with minerals, smuggling, failure to declare currency, using a vehicle for smuggling, and possessing property suspected to be proceeds of crime. On August 12, they transported and concealed 29.925 kilograms of gold into Zambia from an undisclosed source without proper authorization.
It was also alleged that on the same day, they smuggled the gold, hidden in a Toyota Prado (registration AGP 8998), from Zimbabwe into Zambia. Additionally, the couple brought in US$200,000, an amount exceeding the required declaration threshold, but failed to declare it.
The prosecution claimed the couple used their Toyota Prado to smuggle both the gold and cash. Further allegations suggested that the 29.925 kilograms of gold and the US$200,000 found in the vehicle’s door panels were proceeds of crime.
When the case was heard, Deputy Chief State Advocate Margret Chitundu informed the court that an agreement had been reached between the State and the defense. The charges were amended to a single count of conveying property suspected to be stolen. The couple pleaded guilty and were convicted.
In their defense, lawyer Mwansa Chambaila requested leniency, citing that the couple was remorseful and first-time offenders. Magistrate Chibwili imposed a K100,000 fine each and ordered the forfeiture of the seized gold, Toyota Prado, and US$200,000 to the State, as requested by Ms. Chitundu under the Forfeiture of Proceeds of Crime Act of 2010.
Ms. Chitundu submitted the state’s request for the forfeiture of 40 pieces of gold weighing 29.92322 kilograms, a Toyota Prado with registration AGP 8998, and US$200,000. The defense did not object to this request. Magistrate Chibwili approved the forfeiture order, stating that the convicts had forfeited their rights to own the properties.
Source: Mwebantu
