Maravi

Court puts Katele, others on defence

Court puts Katele, others on defence
Written by Maluba Jere
Thursday, April 16, 2009 2:41:45 PM

MMD national secretary Katele Kalumba and six others were yesterday put on their defence after being found with a case to answer on corruption charges by magistrate Edward Musona. This is in a case involving Kalumba [a former finance minister], former finance ministry permanent secretary Stella Chibanda, former director of budget Boniface Nonde, former finance chief economist Bede Mpande, former secretary to the treasury Professor Benjamin Mweene and former directors of Access Financial Services Limited (AFSL) Faustin Kabwe and Aaron Chungu.

Lusaka High Court deputy director of operations Musona, sitting as magistrate, set April 27, 2009 as the date for defence.

Ruling on the matter, Musona said he was satisfied that the prosecution had laid a prima facie case against the accused persons requiring them to be put on their defence.

Musona said he had considered the submissions by both parties and that his duty was to determine whether a prima facie case had been laid or not.

The prosecution, led by Task Force on Corruption prosecutor Mutembo Nchito, called 35 witnesses.

Musona said he had examined the statements and particulars of the offence and that he was satisfied that they had been drawn in conformity to Section 134 and 137 of the Laws of Zambia.

“I remind myself that my duty is to determine whether the prosecution has a prima facie case against the accused persons and the prosecution has adduced enough evidence to put the accused persons on their defence,” he said.

Musona said it was the prayer of the defence that the case must be dismissed and the accused persons acquitted.

However, he explained that a no-case-to-answer may be upheld where there was no evidence to prove the essential elements of the alleged crimes.

“…Or where the prosecution evidence has been so discredited in cross-examination,” he said.

Musona told the court that he had analysed and considered the authorities accordingly.

Earlier, Musona explained that there were originally nine accused persons in the matter but that after the charges were dropped against two people, the number reduced to seven.

Musona said the counts, which were initially 23 had also reduced to 21 after charges against two accused persons were dropped.

The lawyers representing the accused persons informed the court that their clients would give evidence and that they intended to call witnesses.

Kalumba is facing three counts of corrupt practices by public officer while Chibanda is facing nine counts. Mpande is charged with two counts of corrupt practices by public officer.

Nonde is facing three counts of corrupt practices by public officer, Prof Mweene is facing one count while Kabwe and Chungu are jointly charged with two counts of corrupt practices with public officer.

Kabwe is also charged alone on one count of corrupt practices. All the accused persons pleaded not guilty to the charges.

Labels: ACCESS FINANCIAL SERVICES, COURTS, EDWARD MUSONA, KATELE KALUMBA, MMD

posted by MrK @ 1:42 PM