Court declines to cite Nkole for contempt
Court declines to cite Nkole for contemptBy Noel Sichalwe
Wednesday May 14, 2008 [04:01]
NDOLA High Court deputy registrar Jones Chinyama yesterday declined to cite Task Force chairman Max Nkole for contempt of court. This follows an application by former president Frederick Chiluba's lawyers Robert Simeza and John Sangwa who applied that Nkole be cited for contempt of court.
The application was made after Nkole had issued a statement on Radio Phoenix Let the people talk programme last Friday that the Task Force was ready to drop charges against Chiluba if he could surrender the money he has stolen.
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 on Monday, 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.
However, responding to the application yesterday, Task Force prosecutor Mutembo Nchito said he had time to review the material surrounding the genesis of the article that led to the application for contempt against Nkole.
Nchito said Nkole was invited to appear before a public discussion forum at Radio Phoenix with Transparency International Zambia (TIZ) president Reuben Lifuka and Kabwata member of parliament Given Lubinda.
"My instructions are that the programme did not discuss the matter before you. In fact, it covered quite a wide-range of issues," he said. "Mr Nkole was invited to discuss issues involving settlement that the Task Force has done with the governor of Katanga Province in Congo, Mr Moses Katumbi. He was also challenged on the approach in the Carlington maize transaction, which has been a subject of discussion which unfortunately involves A1 Chiluba. In the context of those discussions, Mr Nkole was asked to state the position on that general principle bearing in mind that they have been discussing many other things among them Carlington where recently A1 was summoned. Turning to the law, this court is not sitting as assessors who might be influenced.
Even assuming that there was contempt which we submit there was not, this court has guided before that unless that contempt is committed in the face of the court, the complainant will have to have recourse to the due process of the law which will allow full investigations."
Nchito said the alleged contempt was a discussion on a radio programme and not before the court. He said it was regrettable that the impression was created that there was an attempt to influence these proceedings.
He however, apoligised for a wrong impression that could have been created.
Passing the ruling, Chinyama said he had considered the application by the defence, read the content of the report and also heard the statement by the prosecutor.
"There is of course no obligation for the prosecution to say things in defence of the contemnor. It is the contemnor who is supposed to defend himself. I have previously guided before in an instance of a similar nature and there was much passionate plea on the part of the defence counsel," he said. "It is not the responsibility of the court to shake its responsibility, but it could be better if the learned counsel prosecute such matter before another court. The best is for the defence to bring motion before the relevant courts to save wasting time and ensure that these proceedings are not disturbed."
And in his defence Kabwe said when Meridian International Bank, his former employer collapsed, he returned to Zambia from New York where he was based.
Kabwe however, expressed surprise at former foreign affairs minister Mundia Sikatana who had claimed that the directors of Meridian Bank had hidden US$90 million in the Bahamas.
Kabwe said these political statements were untrue because Meridian Bank did not hide any money. He said Meridian Bank had serious liquidity problems that led to its collapse.
He said after the collapse of Meridian Bank where he was working, he then decided to form a company, Access Finance Services Limited (AFSL) that could provide financial services to people. He said among the initial shareholders were his wife and a French wealth businessman Jean-Pierre Rosana.
He said he tried to mobilise the initial K250 million as start-up capital after the Bank of Zambia granted him licence to start operating AFSL with his partner Aaron Chungu.
Kabwe said he later started to mobilise more shareholders and that Chungu and Francis Kaunda later became shareholders.
Hearing continues today.
Labels: ACCESS FINANCIAL SERVICES, COURTS, MAX NKOLE, TASK FORCE
posted by MrK @ 3:59 AM
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