Pubdate: Wed, 03 Mar 2004
Source: Times Of Zambia (Zambia)
Copyright: 2004 Times Of Zambia
Contact:  http://www.times.co.zm/
Details: http://www.mapinc.org/media/2871

Ex-ZEGA Chief Fined K5.1m for Drug Trafficking

A Lusaka magistrates court yesterday fined former Zambia Export Growers
Association (ZEGA) chairman Sydney Chileshe K5.1 million, on four counts of
trafficking and cultivating marijuana and unlawful possession of a firearm
and ammunition.

The court fined Chileshe who was found with 5,987 kg of marijuana worth K4.1
billion, a firearm and 18 rounds of ammunition without licence, or in
default face 32 months simple imprisonment.

But the prosecution has applied to have the US $800,000 farm used in the
illegal dealings forfeited to the State.

Senior resident magistrate Victoria Mushibwe said she had taken into account
Chileshe's mitigation and that he was a first offender who deserved
leniency. Mrs Mushibwe fined Chileshe K300,000, six months simple
imprisonment in default in the first count, K4 million or in default 12
months simple imprisonment in the second.

In the third count, Chileshe was fined K500,000 or eight months simple
imprisonment in default while in the fourth count he was fined K300,000 or
six months simple imprisonment in default.

In mitigation, Chileshe, through his lawyer Kelvin Bwalya pleaded for
leniency and a fine as opposed to a jail sentence.

He urged the court to look at the totality of the case, justice, equity and
common sense and demanded that he be given the benefit of doubt.

He said he was a respected citizen and businessman whose reputation had been
damaged by the publicity of the case and would continue to suffer the
consequences after the events of the case.

He said until the events of the case, the convict was chairman of three
boards in different companies and also sat as a member on four boards.

He explained that Chileshe tendered his resignation letters on all the seven
boards immediately the allegations were levelled against him to avoid
embarrassing the organisations.

The court was urged to take into account that he had pleaded guilty to the
charges and had not wasted time and money for the State.

The lawyer said that Chileshe's farm had four green houses and the case in
question happened in the fourth green house.

He added that in June last year, the same green house was infected with
disease and the roses in that particular house had to be destroyed and he
had not visited the house since.

But the prosecution team objected to the line of mitigation saying the
defence was giving evidence.

Facts were that on February 23, this year, Drug Enforcement Officers (DEC)
searched Chileshe's farm in Makeni and found some suspected marijuana grown
in a green house.

The court also heard that an uprooted plant of marijuana was found in the
cold room next to Chileshe's office.

The court further heard that a firearm and 18 rounds of ammunition were
discovered in Chileshe's bedroom without a licence.

And after the sentence, prosecution officer Lufwendo Saboi applied to have
the drugs, firearms and the property forfeited to the State.

Defence lawyer did not object to the application but noted that the
Development Bank of Zambia (DBZ) and two other organisations had interest in
the farm.

Mr Bwalya urged the court to take into account third parties who were not
before court and applied that they be heard.

The ruling was reserved to tomorrow on the new application.
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