3rd judge refuses to handle Xavier’s case

3rd judge refuses to handle Xavier’s case
Written by Laura Mushaukwa-Hamusute
Monday, December 22, 2008 8:41:09 AM

LUSAKA High Court judge Tamula Kakusa has recused himself from handling the review and bail application matter of former Zambia Security Intelligence Services (ZSIS) director general Xavier Chungu. Judge Kakusa is now the third judge to recuse himself from handling the matter.

Initially, the matter was before judge Phillip Musonda who recused himself, then it was taken to judge Christine Phiri who also recused herself. The matter is now before judge Florence Lengalenga.

This is in a matter where Chungu applied to the High Court for bail and review of the ruling made by Ndola High Court deputy registrar Jones Chinyama, sitting as magistrate in Lusaka, where he was ordered to pay a forfeiture sum of K500 million within 14 days or face six months imprisonment in default.

In the magistrate's court, Chungu was facing contempt charges after jumping bail in 2004.

He was granted bail in 2003 of K500 million with two working sureties in his own recognizance but Chungu fled from the country and thus did not appear before court at the scheduled time.

The state then made an application for a bench warrant to be issued against him, which was granted and remained in full force until he returned to Zambia on December 3, 2008.

Chungu, through his lawyer Nicholas Chanda, told the court that he fled from the country because his life was in danger.

But in making the ruling, magistrate Chinyama described as unacceptable and contemptuous Chungu's behaviour, ordering him to pay the sum in question.

He also pursuant to Section 81 of the Criminal Procedure Code discharged a bench warrant that was issued against Chungu in another matter where the state disjoined him to the case by way of a nolle prosequi.

Magistrate Chinyama referred Chungu's matter to the chief magistrate Charles Kafunda and it is coming up today for re-allocation.