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My trials are predetermined - Aaron Chungu

My trials are predetermined - Aaron Chungu
Written by Mwala Kalaluka
Monday, January 19, 2009 7:07:10 AM

DEFUNCT Access Financial Services Limited (AFSL) director Aaron Chungu yesterday complained that his corruption trials before the courts are a predetermined sham because of alleged collusion between the Task Force on Corruption, certain ‘donors’ and the judiciary in the process.

And Chungu also singled out Law Association of Zambia (LAZ) president Elijah Banda and asked him to refrain from making prejudicial comments in the press that tend to undermine a free and fair trial, apart from putting pressure on judicial officers.

Meanwhile, Chungu said he has, together with his co-accused Faustin Kabwe, made representations to the Director of Public Prosecutions (DPP), asking him to revoke the appointments of private lawyers as public prosecutors to prosecute cases from the Task Force.

Addressing the press at Lusaka's Northmead business centre, Chungu said he had called the press briefing to share certain developments concerning the operations of the Task Force on Corruption, which he believed to be of public interest.

“You are already aware of some of the cases that Mr. Kabwe and I commenced against the Task Force in the Lusaka High Court. In the course of pursuing these cases, some documents have come to our attention concerning the operational strategies of the Task Force, which are of grave concern and we found it necessary to bring it to the attention of the government officers, institutions and the general public,” Chungu said. “One such document is a Memorandum of Understanding (MoU) between certain ‘donor’ countries and the Task Force on Corruption, whose content on the advice of our counsel we believe violates the Constitution, the laws of Zambia and undermines the administration of justice in this country.”

Chungu said the MoU had been classified ‘restricted’ so that it could not be shown to members of the public. He said the MoU contained a set of tools of the strategy under which the Task Force is operating.

“I would like to draw your attention to Clause 2.3, which reads: ‘The successful prosecution of these cases will depend to a large extent on the integrity and competence of the magistrates assigned to handle cases. Whilst the Task Force has no direct influence over the magistrates to individual cases, it will be beneficial, and I underlined that, to have a few magistrates designated to handle all the cases brought by the Task Force. The Deputy Director of Prosecutions should as far as possible maintain contact with the judiciary on behalf of the Task Force, acting all times within the limits of appreciable behaviour and ethical conduct expected of the legal advisers on behalf of the parties to litigation.”

Chungu said the above clause alludes to a clear collusion between the Task Force and the judiciary, which has made him fear that their trials in the courts of law were just a sham whose end result had been predetermined.

“In a free and fair trial, you expect the judiciary to be independent of the prosecution team and here is a clause that was specifically inserted in, and I am sure with the insistence of the donors as to how the Task Force had to work with the judiciary,” Chungu said. “Ladies and Gentlemen of the press, I am sure you have come across a lot of statements, pronouncements that have been made by people who are close to the Task Force, more less predetermining what the outcome of these cases will be and it is only when we came across the statement, this memorandum, when we realised where they are drawing their strength from. It is like it is an already done deal. We simply go through a process that has already been predetermined and these people who have been making comments already know what the end game will be.”
Chungu said as a matter of interest, he, together with Faustin Kabwe had already reported this matter to the Anti-Corruption Commission on the belief that there was corruption involved.

He said they considered this matter one that required national attention, saying the foundation of the justice system appears to have been compromised. Chungu said in this regard, they made representations to justice minister, Vice-President George Kunda, asking the government to establish a commission of enquiry that would investigate and establish whether there has been collusion between the judiciary and the Task Force in the prosecution of these cases.

In their letter to Vice-President Kunda, Chungu and Kabwe's lawyers - Simeza, Sangwa & Associates stated that they were aware that the magistrates who were based in Lusaka at the beginning of the prosecution of the various cases by the Task Force, between 2002 and 2004, have either been transferred to other towns or are serving in other capacities within the judiciary and replaced by magistrates from other towns.

“Our clients have in mind Honourable Edward Musona and Jones Chinyama who were brought to Lusaka. Mr. Kabwe, until recently, had two criminal cases against him being prosecuted by the Task Force before Honourable Musona,” read the letter from Simeza, Sangwa & Associates. “He was convicted in one and the other is still going on. Both Messrs. Chungu and Kabwe are being prosecuted by the Task Force before Honourable Jones Chinyama.”

Chungu revealed that another presentation had been made to the ACC director urging the institution to investigate possible violations of the ACC Act in the interaction between the Task Force and the judiciary.

He said another letter had been submitted to the Registrar of the High Court to investigate the possibility of unethical conduct in the above alleged collusion.
Chungu said a fourth letter had been written to the Judicial Complaints Authority requesting investigations into possible violations of Judicial Code of Conduct by judicial officers in their handling of cases from the Task Force.

He said the final letter was written to LAZ President, Elijah Banda, asking him to investigate the issues raised in the MoU in order to seek the advancement of the rule of law and the rights and liberties of the individuals.

And Chungu said they had also written to Elijah Banda, through their lawyers, asking him to desist from issuing prejudicial comments in the press, as this will undermine the aspect of free and fair trial.

And Chungu said it was not proper that private lawyers were being paid from the resources of the Republic of Zambia, without following tender procedures as provided for in the Zambia National Tender Board (ZNTB) Act.

“We also question the justification of these appointments when the DPP and his staff are by law supposed to be experts in criminal law in Zambia,” he said. “It is important for us to have faith and confidence in our judicial system. I regret, once more, that I cannot answer questions from you ladies and gentlemen, because I am handicapped on account of the fact that I may comment on issues that are in court. I trust you to understand.”

Labels: AARON CHUNGU, ACCESS FINANCIAL SERVICES

posted by MrK @ 7:08 AM