M’membe acquitted after accuser withdraws case for lack of money

Fred M’membe

Former Post journalist Abel Mboozi has withdrawn his case against his former boss Fred M’membe because he has no money to pay the lawyers prosecuting the case and for “peace of mind”.

Mboozi had dragged Dr M’membe to court for allegedly personating as an officer of The Post and concealing company properties, among other offences.

In his complaint, Mboozi had alleged that Dr M’membe, who is Post Newspapers (in liquidation) managing director, committed the offences between November 1, 2016 and February 2017.

But when the matter came up for commencement of trial, Mboozi informed magistrate David Simusamba that he had decided to withdraw the case because could not afford to pay legal fees and that he wanted to have peace of mind.

Private prosecutor Rabson Malipenga called the case but submitted that he had received instructions from Mboozi to withdraw the case. Malipenga said the application was pursuant to section 201 of the Criminal Procedure Code.

Mboozi then took to the stand and said: “It is my firm position that I am withdrawing the matter on account that I have challenges with legal fees for my attorneys and then that I just want peace, I submit.”

Magistrate Simusamba allowed the application and acquitted Dr M’membe, who was also accused of personating as an officer of The Post, disobeying lawful orders, concealing of property of Post Newspapers Limited and preventing the production of books or papers relating to the affairs of the company.

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