Regina refuses to avail herself for re-arrest

Regina refuses to avail herself for re-arrest
By Bivan Saluseki
Monday September 03, 2007 [04:00]

Former president Frederick Chiluba's wife Regina has refused to appear before the Task Force on corruption today where she is supposed to be re-arrested on corruption allegations. But Task Force chairman Max Nkole yesterday warned that if Regina did not want to co-operate with the Task Force then police would use reasonable force within their discretion.

The Task-Force on Thursday issued a call-out for Regina to appear before them today for re-arrest on similar charges of receiving monies, goods and properties suspected to be stolen from government.

But Chiluba's spokesperson Emmanuel Mwamba said Chiluba and Regina had informed their lawyer Robert Simeza that it was difficult for Regina to co-operate with the Task-Force on this particular matter, because the Task-Force was clearly abusing the constitutional powers of the Director of Public Prosecution (DPP) owing to the manner Regina's case was withdrawn before court via a nolle prosequi.

"The Chilubas have always co-operated with law enforcement agencies and have always submitted themselves to the law. It is clear that from their willful past submission to the law, the Task-force on Corruption has taken this as license to abuse and take away their rights without recourse to the law," Mwamba said.
"When charges were hastily withdrawn before a Ndola Court, by The Task-Force on Corruption, minutes before a ruling could be made whether Mrs Chiluba had a case to answer or not, it was not in the interest of the law, but fear of their standing in the eyes of the public and imminent humiliation. It is no longer speculation that the public noted that the case lay dead from the on-set as the prosecution struggled and bungled to make a case."

Mwamba said the state sought unreasonable adjournments and even when state witnesses were on the stand, they barely set a tone for a successful prosecution.
"Further, the broad conduct of the prosecutor in this matter was mostly unprofessional. The magistrate even ordered that the state closes its case as they appeared keen to manufacture witnesses as the case was struggling to go on. The prosecution eventually failed and the case collapsed before the state. So why should Mrs Chiluba be punished with an arrest when she submitted herself to a court process that appeared not to favour the state?" Mwamba asked.
He said the Chiluba family had instructed Simeza to immediately seek audience with the DPP to obtain official assurances and confirmation that his powers in whose name the Task-Force on Corruption were acting, were not being abused with his consent.
"This in fact is a legal limbo this country finds itself in where The Task-Force on Corruption, and its chairman have no legal status but act through the powers of other institutions such as the Drug Enforcement Commission (DEC), Anti-Corruption Commission (ACC) and the DPP when the law recognises these institutions and their heads are independent," said Mwamba.

Mwamba said the Task-Force had been quick to act outside the law and appeared to attempt to fulfil its mandate even through hook or crook means.

"The DPP, in this case whom the Republican Constitution mandates to act independently and without direction or influence of any party, seems to be illegally being directed to act by Mr Max Nkole. The Chilubas are ready to challenge this clear abuse of the law before Mrs Chiluba can submit herself to the Task-Force on Corruption on this particular matter," said Mwamba.

But Nkole said Regina would be coerced to co-operate. He said if she did not want to be re-arrested, police would use minimum force which would be within their discretion and within the law.

Regina was recently discharged by a Ndola magistrates’ court when the state entered a nolle prosequi in a case in which she was charged with nine counts of being in possession of stolen or illegally obtained property. The court even ordered that the property in question which included four vehicles, real estate, a 61-inch Toshiba colour television set and K474 million suspected to have been acquired with the government funds be restored to Regina and her bank accounts re-activated.

But Nkole said they entered a nolle prosequi because they wanted to restart the case with a new strategy. Nkole said for that reason, the Task Force would be re-arresting Regina to re-start her prosecution because they were convinced beyond reasonable doubt that the evidence against her was overwhelming.