Maravi

Magistrate finds Xavier’s behaviour unacceptable

Magistrate finds Xavier’s behaviour unacceptable
Written by Laura Mushaukwa-Hamusute
Thursday, December 25, 2008 10:22:12 AM

LUSAKA magistrate Joshua Banda yesterday expressed displeasure at former Zambia Security Intelligence Services (ZSIS) chief Xavier Chungu's decision not to attend court, saying his behaviour was unacceptable and highly contemptuous.

And there was drama at the Lusaka magistrates' court complex yesterday as officers from the Task Force on Corruption locked the gate and besieged the complex in a bid to arrest former Access Financial Services Limited (AFSL) directors Faustin Kabwe and Aaron Chungu.

In the matter before magistrate Banda, Xavier was scheduled to take plea in a case where he is charged with forgery and altering of false documents.

When the matter came up, an officer from Lusaka Central Prison Alfred Phiri informed magistrate Banda that Xavier refused to go to court because he was unwell.

Task Force prosecutor Godfrey Kayukwa applied for an adjournment, saying Xavier's lawyer Nicholas Chanda was not present before court, as he had told him that he was rushing to the High Court for a matter before judge Florence Lengalenga.

Magistrate Banda was not happy about the turn out of events and said Chanda and Xavier's conduct was unacceptable and his court would not entertain such behaviour.

He said no justifiable reason had been advanced as to why the matter could not proceed in terms of plea. Magistrate Banda said all parties in the matter were aware of the date of the case and Chanda should have told the court when the date was being proposed that he was committed.

"For the accused to simply say am unwell, I cannot come to court is unacceptable and highly contemptuous," said magistrate Banda.

The matter comes up on December 26, 2009.

Meanwhile, drama started unfolding at the court complex after Faustin Kabwe and Aaron Chungu with their lawyer John Sangwa left court when their matter was adjourned.

As they approached the car park, having their usual chats before saying good-bye to each, officers from the Task Force on Corruption accosted the trio saying they wanted to arrest them.

But Kabwe and Chungu refused and jumped into their lawyers' vehicle.

At this point, the officers dashed to the main gate, locked it and besieged it, blocking the trio from leaving the complex.

Sangwa then pulled over and after some time, he tried to drive off but the officers rushed to all the other exits of the complex as a way of blocking the trio from leaving.

Sangwa then switched off his car engine and parked in the car park for a good four hours as the adamant officers refused to let them out.

At some point, former president Frederick Chiluba's spokesperson Emmanuel Mwamba intervened and tried to reason with the officers to let Chungu, Kabwe and Sangwa drive out so that the issue could be resolved in a more civilised manner.

One of the officers agreed with Mwamba's proposal but the some officers instructed the others not to open the gate.

Later, the officers allowed the trio to leave the magistrates' court complex after consultations with their superiors.

Kabwe expressed surprise at the act by the Task Force officers saying there was a court order preventing the Task force from arresting them till the matter was resolved by the High Court. He disclosed that the officers were acting under instructions from a Mr Likasi from the Task Force.

Chungu said the move by the officers amounted to total lawlessness in that a court order was not respected. He said the officers were pretending that they had not seen the court order when even their own spokesperson Victor Makai alluded to the fact that the Attorney General was handling the case.

Chungu charged that he and Kabwe had constitutional rights which, needed to be respected and that if the Task Force was aggrieved with the court order, it could have the matter resolved with the court.

On December 23, 2008, Lusaka High Court judge Christine Phiri granted Kabwe and Chungu leave to apply for judicial review over the decision by the Task Force requesting them through call outs dated December 19, 2008 to attend interviews at Woodlands Police station in connection with allegations of theft.

The duo applied for judicial review seeking an order of certiorari for the purpose of quashing the said decision by the Task Force and a declaration that the Task Force did not have powers to investigate, receive or prosecute matters relating to corruption but that only the Anti-Corruption Commission (ACC) had those powers.

Judge Phiri directed that all further proceedings on the matter be stayed till the matter was resolved in court.

The matter will be heard on December 30, 2008.

Labels: CORRUPTION, XAVIER CHUNGU, ZSIS

posted by MrK @ 10:06 AM