HENRY Kapoko says Lusaka magistrate Aridah Chulu erred in law and fact when she convicted him after establishing that he abused his authority of office by influencing the awarding of a contract to Kansma Investment Limited.
According to eight grounds of appeal filed in the Lusaka High Court by his lawyer Kelvin Bwalya, Kapoko submitted that magistrate Chulu also erred in law and fact when she held that he stole K586,701,000 in the third count because there was overwhelming evidence that he was not a signatory to the Ministry of Health accounts and that he was not in procurement.
Further, he submitted that the court misapprehended the entire evidence that related to his defence when she dismissed all relevant facts.
Kapoko contended that magistrate Chulu fell in grave error by misunderstanding the defence of consent by a permanent secretary who had testified that he authorised the movement of money referred to in count three.
Last Thursday, magistrate Chulu convicted and sentenced Kapoko to two years imprisonment with hard labour for abuse of authority of office, theft by servant and money laundering charges.
After convicting him, she ordered that Kapoko forfeits his house in Olympia, conference table and over K700,000 to the State, among other items.