London court dismisses Chiluba's appeal

London court dismisses Chiluba's appeal
By Inonge Noyoo and Laura Mushaukwa
Saturday June 30, 2007 [04:00]

London High Court Judge Peter Smith has dismissed former president Fredrick Chiluba’s application for permission to appeal against his judgment. And after several hearings aimed at reconciling figures in the London High Court judgment, Chiluba will now be required to pay a final amount of US$57,441,769.38 in respect of the Zamtrop Conspiracy , the BK conspiracy and for breach of fiduciary duty.

Chiluba and his co-accused had sought leave to apply against the London judgment after it was delivered via video link on May 4, 2007.
But judge Smith dismissed the applications saying they were not morally right and were absurd.

Judge Smith dismissed the applications against the court’s findings of dishonest saying one could not appeal on the findings of the court.

Judge Smith said it would be absurd for the law to allow the defendants to have limitations.
He however said he would ensure that every party wishing to challenge his judgment had the right to go to a higher court of appeal.

He further explained that it would not be appropriate to deprive any of the defendants their right to appeal.

And Former Zambia Security and Intelligence Service director Xavier Chungu will be required to pay US$57,261,390.72 in respect of the Zamtrop Conspiracy and US$56,442,027.90 in respect of the BK conspiracy and for breach of fiduciary duty.

Former Access Finance Services director Faustin Kabwe will be required US$53,257,020.30 in respect of the Zamtrop conspiracy and the BK conspiracy as well as US$39,955,336.36 for dishonest assistance.

Aaron Chungu who is also former Access Finance Director will be required to pay US$26,682,289.65 in respect of the Zamtrop Conspiracy and US$13,380,605.71 for dishonest assistance.

Former Ministry of Finance permanent secretary Stella Chibanda will be required to pay US$57,261,390.72 in respect of the Zamtrop Conspiracy and US$56,442,027.90 for breach of fiduciary duty.

Judge Smith has also ordered that Meer Care and Desai, Cave Malilk and company and Bimal Thaker should pay 60 per cent of claimant’s costs in relation to the Zamtrop Conspiracy.

And acting deputy registrar of the High Court Jones Chinyama has asked former president Frederick Chiluba’s lawyers to decide whether Chiluba will stand trial via video link or in person.

This is in a case where Chiluba is jointly charged with former Access Financial Services directors Faustin Kabwe and Aaron Chungu with theft by public servant.
Chiluba, Kabwe and Chungu are charged with six counts of theft by public servant involving about US $500 000.
The trio is alleged to have stolen the money between 1998 and 1999.

Magistrate Chinyama made the request in chambers yesterday when the matter came up for mention. He asked the lawyers to report to the court on July 27, 2007 when the matter comes up for another mention for trial to proceeds. Chiluba’s trial will start on August 14 to 17 and then run from August 27 to 31, 2007.

Chiluba was not present for the mention but Kabwe and Chungu were present.
On May 31, 2007 Chinyama declared Chiluba fit to stand trial but in private.

He can only stand trial in private surroundings where the length of trial could be monitored and where he was not required to stand.
Magistrate Chinyama ordered at the last hearing that Chiluba’s trial should proceed in August after state prosecutor Mutembo Nchito told the court that although the former president’s medical condition was not at its best, it had improved and that he could only stand trial if certain exogenous factors were induced.