Maravi

Chiluba to be served judgment this week

Chiluba to be served judgment this week
By Noel Sichalwe
Tuesday June 05, 2007 [04:00]

ATTORNEY General Mumba Malila yesterday said he will start serving the London High Court judgment on Zambian defendants this week. And former president Frederick Chiluba's spokesperson Emmanuel Mwamba said Chiluba would not present any arguments at the London High Court hearing on June 8, 2007 to reconcile the figures that would be paid by various defendants. Malila said the government received the signed and sealed judgment from London on May 31, 2007.

He said when judgment was passed on May 4, judge Peter Smith promised to send signed and sealed judgments for service, which was done on May 31.

"We did receive the signed and sealed judgments. What we need to do now is to serve them on all the Zambian based defendants this week. We will then proceed to apply for the registration of the judgment in the Zambian High Court," Malila said.

He said the 14 days in which to enforce the London judgment would commence immediately after serving all the Zambian based defendants.

Malila further said there would be a hearing on June 8, when the London High Court would take into account all the monies that were embezzled.

"This hearing is intended to reconcile the headline figures by knocking out the properties that have been recovered," he said. "There will be a reconciliation of the amount the court has determined and how much has been recovered. This will also take into account the question of costs to be paid."

Malila said the London and Zambian based defendants would be at liberty to advance their arguments during the June 8th hearing. He said the judgment would only be enforced on the United Kingdom based defendants after the reconciliation of figures. He said he was working together with the Task Force on Corruption to make arrangements for a video link of the proceedings from London to Lusaka.

"We are moving towards coming up with the exact figures to be paid," he said. "Notwithstanding the court hearing, we are proceeding to service the judgment."

But Mwamba said Chiluba would not advance any arguments because he never participated in the trial in London or in Zambia. Last month judge Smith established that Chiluba and others had defrauded Zambia of a total of US$41 million through the BK Facility and the Zamtrop account in London. Judge Smith ordered Chiluba and others to pay about 85 percent of the total sum (US$41 million) within 14 days upon service of the judgment.

This is a case in which the Attorney General of Zambia took out a civil suit against Chiluba and 19 others who were alleged to have siphoned about US$20 million from the state treasury.

Judge Smith said he was satisfied that Chiluba and former Zambia Security Intelligence Service director general Xavier Chungu were major conspirators and were also in breach of their fiduciary duties.

Those co-accused with Chiluba include Cave Malik and Company, Xavier Francis Chungu (XFC), 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.

Labels: CHILUBA, COURTS

posted by MrK @ 4:10 AM