Maravi

Chiluba's lawyers want Task Force chairman cited for contempt

Chiluba's lawyers want Task Force chairman cited for contempt
By Noel Sichalwe
Tuesday May 13, 2008 [05:01]

CHILUBA's lawyers Robert Simeza and John Sangwa yesterday applied that Ndola High Court Registrar Jones Chinyama should cite Task Force chairman Max Nkole for contempt of court. This follows Nkole's statement that the Task Force was ready to drop charges against former president Frederick Chiluba if he surrendered the money he stole.

This is a matter in which Chiluba is separately charged with Access Financial Services Limited (AFSL) directors Faustin Kabwe and Aaron Chungu. Chiluba is charged with theft of about US $488,000.

Making the application before Chinyama who is trial magistrate in Lusaka, Simeza said he had raised similar concerns in the past and that the court should now take some appropriate action under section 116 (1)(d) of the Penal Code.

He said in the Saturday Post of May 10, 2008, there was an article in which Nkole said Chiluba and the other accused persons could have the proceedings against them dropped if they surrendered the money they stole.
"He went further and stated that he was prepared to cut a deal if they..


returned the plundered or stolen assets," Simeza said. "Your Honour, this statement is being issued strategically, two days before the accused persons open their defence before this court. As far as Mr Nkole is concerned, it is a foregone conclusion that the accused persons stole the money, which they stand charged and are appearing before this court. Your Honour, this statement ought to be looked at perhaps seriously as it is made to affect the accused person's conduct of their defence before you."

Simeza said it was clear that Nkole's intention, especially considering the timing, was meant to prejudice the accused persons when they were to open their defence.

He said Nkole's statement intended to undermine the court proceedings and urged the court to summon Nkole to show cause why he could not be convicted for being in contempt of court under section 116 of the Penal Code.

"Your Honour, such conduct may perhaps be ignored if such statements were coming from maybe politicians or people that are not really connected to these prosecutions. But your Honour, we are dealing with a qualified lawyer and he is the person who has caused the accused to appear before you.

Why can't he wait for the outcome of these proceedings? If in fact in his mind the accused persons are already guilty, why are we here?" he asked. "I think it is important that the correct message is sent out there, otherwise if nothing is done, this practice which unfortunately has continued, will be taken as an accepted practice when in fact it is not. Surely, such a statement lowers the authority of this court. We submit that there ought to be an explanation."

Sangwa also said the pronouncement clearly indicated that Nkole had no respect for the court and that the court had inherent jurisdiction and authority to protect the integrity of its office.

"Your Honour, where does Mr Nkole get the courage and boldness to make such pronouncements? Are we to take it that Mr Nkole knows the outcome of these proceedings? Your Honour, you are in charge of these proceedings and you alone has the power to determine the guilty or innocence of the accused. It is your responsibility to ensure the proceedings before you are free and fair and you have got powers to ensure that that is achieved.

We beg you to do something and this is not the first time, previous pronouncements have been made. We want assurances from you that these proceedings are not only a sham whose outcome is already predetermined for Mr Nkole to feel so confident to talk about them," Sangwa said.

In response, state prosecutions lawyer Mutembo Nchito said he needed to consult Nkole before responding to the application.
Meanwhile, Kabwe yesterday opened his defence in which he detailed his education and professional background including his involvement in Meridian International Bank.
Hearing continues today.

Labels: ACCESS FINANCIAL SERVICES, CHILUBA, MAX NKOLE, ROBERT SIMEZA, TASK FORCE

posted by MrK @ 11:09 AM