David William, a former government employee, failed in his bid to avoid a payment of P1.9 million after his stay of execution was dismissed by the High Court. In a statement, the Directorate on Corruption and Economic Crime (DCEC) said pending his intended review application to be heard by the High Court, the graft busting agency can now recover P1.9 million from David Loftus William.
William was charged with 38 counts of stealing by a person employed in the public service contrary to Section 271 as read with Section 277 of the Penal Code Cap 08:01. As a result, he was ordered to pay back P1, 912, 582.26 following an order issued against him by Principal Magistrate, Munashe Ndlovu in November 2015.
According to DCEC, the amount was deemed to be the value of the benefits derived by William from serious crime related activities qualified as stealing by a person employed in the public service. According to William, his review application that he wished to file before the High Court had good prospects of success in that the magistrate had no jurisdiction to preside over a matter whose claim was P1.9 million.
“The applicant, Mr David Loftus William stands charged with 38 counts of stealing by a person employed in the public service in a criminal case registered at Broadhurst Magistrate Court before His Worship Ndlovu,” the DCEC pronounces in the press statement.
His Worship Ndlovu said the applicant failed to prove any urgency and that he did not stand to suffer any irreparable harm if the application for stay was dismissed. He also said that DPP was right by submitting that the court had the jurisdiction since it was a civil penalty order issued in criminal proceedings.
William has been under DCEC investigation from a case which was registered against him in 2014 by the Directorate of Public Prosecutions (DPP).