Court discharges two Chinese nationals

By CHARITY MUSA
THE State has entered a nolle prosequi in the case involving two Chinese nationals who were charged with theft of copper cathodes and anodes worth K121 million.
The stolen copper was from Konkola Copper Mines (KCM).

Ndola Principal Resident Magistrate, Chilombo Phiri, discharged Xudian Pin, a 50-year-old engineer and Zhanga Xia, an interpreter aged 29, both of plot number 1334 Lukasu road, in Ndola’s heavy industrial area.

Senior public prosecutor, Christopher Kanema, said that he had received instructions from the Director of Public Prosecutions (DPP) to have the matter discontinued.
Ms Phiri granted the application and discharged the dual.

Particulars of the offence are that on dates unknown but between January and November 1, 2007, the duo, while acting together, stole 3,940 kilogrammes of copper cathodes worth K121 million. They pleaded not guilty to the charge.

But Pin remained in the dock to give a fresh plea for three counts of theft of copper. Particulars of the offence are that on a date unknown but between January and November 1, this year, Pin while acting together with persons unknown, allegedly stole 9,680 kilogrammes of copper valued at K500,129,720, belonging to Mopani Copper Mines. He pleaded not guilty.

In the second count, Pin on dates unknown but between January and November 1, 2007, allegedly stole 3,940 kilogrammes of copper worth K121,127,367 belonging to KCM Plc but denied the charge.

In the third count, the accused pleaded not guilty to stealing 820 kilogrammes of copper worth K21,488,500 belonging to Kansanshi Copper Mines Plc.
Magistrate Phiri recorded pleas of not guilty in all the three counts.
Defence lawyer, Tom Shamakamba, applied for bail for the accused person.
In his application, Mr Shamakamba stated that even though the accused was of Chinese nationality, he was of fixed abode in the industrial area. He said the accused would abide by all the conditions that would be set by the court and undertake not to interfere with any witnesses at this stage. Shamakamba said Pin would surrender his passport to the court.

And the State did not object to the application but emphasised that they were dealing with a foreigner and if bail was granted, the accused should produce a tangible surety who was Zambian and in employment.

Mrs Phiri granted bail of K50 million to the accused person.
She said he should have two working sureties and surrender his passport to prevent him from fleeing the jurisdiction of the court.
Mrs Phiri, however, said that the working sureties should be from another reputable company and not the one the accused worked for.
Trial starts on December 3, 2008. (Zambia Daily Mail)