The Director of Public Prosecution(DPP) has entered a Nolle prosequi in the matter in which Vinod Yaddula is accused of stealing USD 200 000, money belonging to Vikram Investments Limited.
And Defence Counsel Mulambo Haimbe is happy that his client has finally been exonerated.
Fact before the court are that Yaddula, 40 stood charged with offense of theft by Director contrary to section 279 of the penal code chapter 89 of the laws of Zambia. The complainant in the matter was Vikram Deva Reddy.
The accused, who was director of Vikram Investments is alleged to have stolen an amount of USD 200 000 between the 1st of January, 2017 and the 11th of December, 2018.
When the matter came up for continued trial before Hon Chiyaika, State Prosecutor Collins Bwalya informed the court that the DPP had discontinued the matter and Yaddula was a free man.
Accordingly, the DPP decided to discontinue the proceeding because the accused was a Director of the Company and shareholder and as such, he had authority to withdraw money from the Company. The bank statements show that he withdrew amounts being sent to the complainant on diverse dates. However, there is correspondence via email between the two parties which show that the accused would make requisition for funds and the intended expenses indicated before monies were actually sent to the complainant.
Secondly, There is no evidence on the scope of authority of the accused in terms of expending company funds at the time and there are ledger books on record which were sent to the complainant, showing how the funds were expended by the accused in the form of salary, utility bills and other expenses which formed part of the attachments in the emails exchanged between the two parties. The requisite proof that this money was not put to intended use by the accused would come from, for instance, statements from the landlord, employees, utility bill companies and other recipients, stating that they did not receive money from the accused during the periods indicated on the General Ledger. This evidence was currently not available.
And Haimbe could not hide his joy after the court entered a Nolle Prosequi in favour of his client.
He said he is happy that his client has been vindicated.
“Well, the State has entered a Nolle Prosequi which entails that my client has been vindicated for now he is a free man. It has always been clear that the State didn’t have any evidence in this case. We are grateful that justice has been different as at now the need for our client to repeatedly come to court is not there…he is a free man,” Mr. Haimbe said.