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The respondent was charged, tried and convicted by the Subordinate Court of the first class on one count of possession of property suspected to be proceeds of crime contrary to section 71(1) of the forfeiture of proceeds of crime Act No. 19 of 2010 of the Laws of Zambia (“FPC ACT”). Briefly, the particulars of the offense where that the respondent, on the 24th of November, 2011 in the Lusaka Province of the Republic of Zambia, possessed and concealed money at his farm (L/Mpamba/44, Mwembeshi) amounting to K2,100, 000. These sums were suspected to be proceeds of crime. The money was concealed in two steel trunks buried under a concrete slab.
The respondent appealed to the High Court against the conviction in the Subordinate Court. Three puisne Judges sat for this Appeal. The High court acquitted the respondent and the state appealed to the Supreme Court.
THE LEGAL ISSUES
The following were the key legal issues:
Criminal Procedure - s71(1) of the Forfeiture of Proceeds Crime Act No.19 of 2010 - meaning of reasonable suspicion