Court News

Businessman gets 3 years for purchasing, uttering fake notes

From CHOMBA MUSIKA
A 25-YEAR-OLD businessman of Kalomo in Southern Province has been sentenced to three years imprisonment with hard labour by the Choma Magistrate’s Court for purchasing and uttering counterfeit bank notes amounting to K1,000.
This was in a matter in which Mike Chiyavula of Siansole village was charged with three counts of purchasing and uttering forged documents.
Particulars of the offence in count one are that on November 26, in Choma, Chiyavula allegedly purchased 10 hundred Kwacha notes or currency bearing serial numbers FA/1127219032 , FA/122520004-FA/1124995782 and FA/120249223,with knowledge that the notes were counterfeit.
In count two on the same day, Chiyavula is alleged to have uttered a fake K100 note bearing serial number FA/122520004 to Tendai Choongo.
Particulars of the offence in count three are that on the material day, Chiyavula allegedly uttered a fake K100 note bearing serial number FA/120249223 to Love Muntanga.
The matter came up for Judgment before principal resident magistrate Willie Sinyangwe.
Facts before court are that on the material date, Chiyavula bought a packet of sugar from Choongo’s shop using a fake K100 note.
Choongo told the court that after Chiyavula left the shop, he realised the note was fake after he dipped it in water.
He testified that the ink on the note immediately disappeared.
Choongo said he pursued Chiyavula and found him at another shop where he bought cooking oil using another fake note.
Choongo said he demanded the packet of sugar and K90 he gave the accused as change.
When asked where he got the fake notes from, Chiyavula, who at that point was surrounded by a mob, claimed he got it from Lusaka after selling chickens.
A search was conducted on Chiyavula’s body and eight more fake K100 notes were found.
At this point, the accused alleged that the notes were given to him by a lady only known as Joyce, of Mazabuka.
Chiyavula pleaded for forgiveness and was later taken to the police station.
The notes were confiscated and later certified counterfeit by the Bank of Zambia.
Passing the sentence, Mr Sinyangwe said the prosecution had proved beyond reasonable doubt the case against Chiyavula.
In mitigation, Chiyavula said he had become born again after committing the offence and pleaded for leniency from court.
“Since you sound to be a Godly man, I will also quote the Bible. ‘God said you will find food by your sweat’, but you [Chiyavula} wanted to find food the easy way, so I sentence you to three-year imprisonment with hard labour to run concurrently,” Mr Sinyangwe said.


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