TWO employees of Radio Mano community station in Kasama have been sentenced to 18 months imprisonment with hard labour for forgery and altering false documents by the Kasama magistrate court.

Before magistrate Dominic Makalicha was Radio Mano's suspended executive director David Chanda, 38 and his programmes manager Henry Njenje Lupiya, 38, who were facing five counts relating to forgery, uttering false documents and theft.

Facts before the court were that in the first count, Lupiya and Chanda on unknown dates but between January 1, 2005 and August 31, 2007 jointly and whilst acting together with unknown people did forge minutes of a board meeting for Radio Mano which they presented to Cavmont Capital Bank for the purpose of opening a bank account.

In the second count, the accused on similar dates as above did alter a false document namely minutes of a board meeting for the radio station to Cavmont Bank for the opening of an account with full knowledge that the said minutes were false.

In the third, fourth and fifth counts, Lupiya and Chanda on unknown dates but between April 4, 2006 and July 10, 2007 were alleged to have had stolen money belonging to Radio Mano amounting to K12, 250, 000 contrary to the law.

The accused, who were both on bail, had denied all charges before the court.
But in passing judgment, magistrate Makalicha said the prosecution team had proved beyond reasonable doubt that Lupiya and Chanda were guilty of forgery and uttering false documents contrary to the law and convicted them accordingly.

He told a fully packed courtroom that it was clear from the evidence adduced in court that the accused had intent to steal money belonging to the radio station by presenting false information to Cavmont Capital Bank in order to open an illegal bank account.

Magistrate Makalicha also said he had taken into consideration their mitigation but warned that the offences committed were serious and as such they deserved stiffer punishment to serve as a deterrent to other offenders.

He jailed Lupiya and Chanda to one year six months on each of the two counts of forgery and uttering false a document and said the sentences would run concurrently with effect from yesterday.

Magistrate Makalicha however, acquitted Chanda and Lupiya on three other counts of theft by public due to insufficient evidence to warrant their conviction.

Magistrate Makalicha further advised people holding public offices to execute their duties diligently and desist from abusing their authority for their selfish gains.

Earlier in mitigation, Lupiya and Chanda both asked for leniency from the court saying they were first offenders and were looking after their families, who would suffer if they were sent to prison.

And shortly after the judgment, some Anti Corruption Commission (ACC) officers quickly pounced on the duo, who were dressed in black suits, and whisked them to Milima State prison, where they would serve their respective sentences.

Meanwhile, relatives to Lupiya and Chanda yesterday cried uncontrollably outside the Magistrate court after the long awaited judgment.

The court case involving the convicts started in 2007 after they were arrested by the ACC for corrupt practices while working at Radio Mano.