A CASE in which former managing director of the defunct Zambia Airways, Captain Godfrey Mulundika, is jointly charged with a former Zambia National Commercial Bank (ZANACO) supervisor Joseph Mundubi for obtaining K150, 000 by false pretences, has been sent back to the Director of Public Prosecutions (DPP) for determination.
When the matter came up for a return of bench warrant against Mr Mulundika yesterday, Chief Resident Magistrate Kenneth Mulife asked the State prosecutor Mr Samuel Zulu to withdrawal his application for a warrant of arrest against Mr Mulundika who had not been appearing before the court.
Mr Mulife said the matter which was being brought to court for the first time since the alleged offences happened 18 years ago, had a lot of history and there was need for the State to meet the DPP and see how best he could proceed with the matter.
Earlier, Mr Zulu had applied for a warrant of arrest against Mr Mulundika who had not been appearing in court.
The application was made after Mulundika had been absconding court appearances.
However, his co-accused Mundubi has been appearing in court but could not take plea without Mulundika.
Mulundika and Mundubi are in count one facing a charge of forgery contrary to section 342 as read together with section 437 of the laws of Zambia.
The duo are alleged to have on dates unknown but between February 1 and March 1996, jointly and while acting together with others unknown, with intent to defraud and deceive, did forge a document namely an entry for K150,000 to the account of Geoffrey Mulundika by debiting the account of Ministry of Agriculture, Food and Fisheries purporting to be genuine when in fact not.
They are in count two facing a charge of uttering false documents contrary to section 352 of the laws of Zambia.
Mulundika and Mundubi on the same dates 1996 jointly and while acting together with others unknown knowingly and fraudulently uttered a forged document namely an entry for K150,000 to the branch manager of Zambia National Commercial Bank, Lusaka Business Centre.
Mandubi is in counts three facing a charge of theft by public servant contrary to section 272 as read together with section 277 of the laws of Zambia.