It was alleged that Mr Namulambe on November 21, 2010 in Kitwe being employed in publicservice as deputy minister in the Ministry of Mines then, stole 20 bicycles altogether valued at K11,000 the property of the government which came into his possession by virtue of his employment.
In his ruling yesterday on whether he should be found with a case to answer or not, Magistrate Wilfred Muma said the prosecution had failed to prove that the bicycles were stolen and belonged to Small Scale miners.
“ The essential ingredients of knowledge or reasonable ground for belief that the bicycles were meant for Small Scale Miners has not at all been proved, I rule that the accused has no case to answer and I accordingly dismiss the charge, acquit the accused and set him at liberty forth with,” he said.
Magistrate Muma said the accused stated that he was given the said bicycles by the then Mines Minister Maxwell Mwale for personal use and asked him to use the same truck that was going to Kitwe to deliver the other bicycles to Mpongwe.
He said this statement was in tandem with the circumstances of the case were the accused subsequently gave two bicycles openly believing that there were his property.
This to the court was an indication that there were no proper instructions whether the truck carrying the accused bicycles were also supposed to be driven to Kitwe and the accused could not be convicted on the point of lack of knowledge.
And in an interview after ruling, Mr Namulambe said he had gone through a lot of trauma during the whole process and expressed happiness at the outcome of the ruling.