Maravi

Musona orders Bulaya’s forfeiture of properties

Musona orders Bulaya’s forfeiture of properties
By Noel Sichalwe
Saturday February 24, 2007 [02:00]

LUSAKA magistrate Edward Musona yesterday ordered Bulaya’s forfeiture of six motor vehicles and nine properties including the house where he lives in Lusaka's Chalala area. But Bulaya's re-appointed lawyer Nicholas Chanda and Bulaya's brother have vowed to appeal against the forfeiture. Magistrate Musona on Wednesday jailed former health permanent secretary Kashiwa Bulaya for five years with hard labour on abuse of office and corruption charges saying he deserved to be in prison for the crimes that he committed.

Bulaya was alleged to have misappropriated about K3 billion public funds meant to buy immune boosters (Elixir 9) for people living with HIV/AIDS. Making the application for forfeiture, Task Force prosecutor Mutembo Nchito said the judgment had indicated that there were properties that Bulaya acquired using proceeds from the offences. "In the circumstances of the case, the state pursuant to section 41(c) of the Anti-Corruption Act and based on the findings of the court, apply that the properties be forfeited to the state. In total, there were six motor vehicles and nine other properties," Nchito said.

At this stage, magistrate Musona asked Bulaya to respond to the application. Bulaya then asked for an adjournment because he had re-engaged his lawyers Nicholas Chanda and Mumba Kapumpa to handle his matter. But Nchito said the matter was closed, judgment was passed and Bulaya was now serving a prison sentence. He said the application was delayed as they waited for the investigations officer to be present. Nchito said at that stage of the case, Bulaya could not decide to retain lawyers when the matter was concluded. He said the court had made findings and that the proper thing was to enforce the provisions of section 41(c) of the Anti-Corruption Act.
"Even without the state's application, the findings of the court are by implication to be enforced," he said.

Nicholas Chanda then said it was not in dispute that he withdrew from representing Bulaya but that there was no rule that barred him from being re-appointed to represent his client. "We received instructions from family members and came back yesterday by filing a notice of appeal," he said. Chanda said he even met Task Force prosecutor Fred Malambo and served him with a notice of appeal. He asked for an adjournment to allow him argue the case for Bulaya.

Passing the ruling, magistrate Musona said it was trite law that a lawyer could withdraw from representing a client and later be re-appointed. He, however, said that could be done through filing a notice of appointment or placing himself on record in court but that Chanda did not do any of the two. Magistrate Musona said he could not therefore place Chanda on record because he did not make such an application. He also rejected the application to adjourn and ordered that Bulaya forfeit his six vehicles and nine other properties to the state.

Chisha Mwaba said they would continue appealing until they appealed to God for help. Chanda on Thursday filed an appeal in the Lusaka High Court's criminal registry stating that he was dissatisfied with the decision to convict Bulaya and jail him for five years. Chanda is likely to argue that the state did not prove its case beyond reasonable doubt because Bulaya had refused to defend himself against the allegations since the court was unfriendly.

Labels: KASHIWA BULAYA

posted by MrK @ 1:11 PM