Saturday, June 16, 2007

‘Justice has prevailed in London judgment’

‘Justice has prevailed in London judgment’
By Noel Sichalwe
Saturday June 16, 2007 [04:00]

FORMER Republican vice-president Lieutenant Gen-eral Christon Tembo yesterday said justice has prevailed in the London High Court judgment registration. Commenting on the registration of the London High Court judgment in the Lusaka High Court against former president Frederick Chiluba and other Zambia-based defendants, Lt Gen Tembo said people of Zambia have always expected justice in the matter.

"The judgment in London is settled and the nation and everybody must accept it," he said.

"Obviously this is linked to the criminal cases which are taking place here. Those cases should proceed as scheduled. The defendants should be advised to take these proceedings seriously because that will be the only way to clear themselves. There is no point of staying away or delaying matters. Such cases are better dealt with within the shortest possible time. Zambian people are expecting justice to be done and it's better that all the defendants give the side of their story."

Lt Gen Tembo said the Zambian defendants facing corruption charges in the courts should be prepared to give their story to allow Zambian people know what had transpired with regard to the allegations.

"The London High Court registration is welcome and justice has been done," said Lt Gen Tembo.

But Chiluba's spokesperson Emmanuel Mwamba said he could not say anything on the registration of the judgment and referred all queries to Chiluba's lawyers.
Lawyer Robert Simeza said he could not comment on the issue outside court and could not even indicate when he would file an application to challenge the registration of the London judgment.

The London High Court judgment was registered in the Lusaka High Court on Wednesday.
This followed an application by Attorney General Mumba Malila to register the London judgment in the foreign judgment register.
High Court judge Japhet Banda granted the application for leave to register the judgment after ex-parte hearing.

Judge Banda gave the Zambia-based defendants seven days in which to apply to set aside the judgment failure to which they could execute the judgment.
During last week's hearing that aimed at reconciling figures involved in the matter, judge Smith accepted that Chiluba should pay US $58,293,724, Xavier Chungu US $58,112,727 and Stella Chibanda US $58,112,727.

Others were Aaron Chungu US $27,193,136, Faustin Kabwe US $53,757,867, Francis Kaunda US $100,575, Boutique Basile US $ 1,815,736 and Raphael Soriano US $29,609,582.
However, judge Smith said the figures would remain valid unless they would be challenged by the non-participating defendants.

Last month judge Smith established that Chiluba and others had defrauded Zambia through the BK Facility and the Zamtrop account in London.
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.

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.

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