Friday, May 04, 2007

Judgment day for Chiluba's $20m case

Judgment day for Chiluba's $20m case
By Mwala Kalaluka
Friday May 04, 2007 [04:00]

THE London High Court is today expected to pass judgment in the case in which former president Frederick Chiluba and 19 others stand accused of siphoning about US$20 million (13.5 million pounds) from the state’s treasury. But Chiluba’s spokesman Emmanuel Mwamba said in an interview yesterday that Chiluba would not recognise the judgment and pronouncements of the London court trying him for the plunder of state resources allegedly orchestrated during his term of office.

Mwamba said he was not aware that the judgment in the case where Chiluba and 19 others stand accused of siphoning about US$20 million through a London branch of the Zambia National Commercial Bank (ZANACO) was coming today in London.
"I am hearing it from you. I am not aware,"

Mwamba responded.
He said all he could say was that Chiluba had always objected to being tried by a court in London when the local courts could sufficiently handle the matter.

The Zambian government last year filed an affidavit of notice of intention to block a petition made by Chiluba and four others restraining the London High Court presided over by Lord Peter Smith from proceeding in their case of plunder of state resources.

Those co-accused with Chiluba include Cave Malik and Company, Xavier Chungu, Attan Shansonga, Stella Chibanda, Aaron Chungu, Bimal Thaker, Faustin Kabwe, Francis Kaunda, Boutique Basile, Nebraska Associates Limited, MISSL Associates Limited, Hearnville Estates, Jarban SA, Raphael Soriano Katoto, Belsquare Residence, NV Roland Cracco and Robert Standaert.

Chiluba has also been accused of plundering the resources of Zambia with several cases on his helm.

But Mwamba said Chiluba does not recognise the jurisdiction and authority of the London Court.

"Dr Chiluba has refused to recognise the jurisdiction and authority of the London Court. He has stated that he will not submit himself to its findings," Mwamba said.
"He will not respect this court process and its pronouncements."

He pointed out that this was the more reason Chiluba had asked the Attorney General to take the issue before the Zambian courts in line with the country's sovereignty and independence.

Mwamba, who said Chiluba was still on medical treatment following his return from South Africa, further said he could not see how Chiluba could get a fair judgment in the London Court when he had not tendered his defence before the court.

"This has been an exercise in futility because he (Chiluba) has not tendered his defence in the proceedings and I do not see how this judgment can be fair," said Mwamba.

The long-awaited civil proceedings against Chiluba and others before the London High Court started via video conferencing in November at Chikwa Magistrates' Court last year and the former president could face bankruptcy if he is found guilty today.

Mwamba said apart from not recognising the jurisdiction of the London Court, Chiluba had not been notified of today's judgment.

"We have not yet received any notice, although previously we have been sent correspondence of the proceedings of the court in London," said Mwamba.

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