Maravi

State intended to eliminate me, says Xavier

State intended to eliminate me, says Xavier
Written by Maluba Jere
Thursday, June 11, 2009 12:26:36 PM

FORMER Zambia Security Intelligence Services (ZSIS) director general Xavier Chungu yesterday told the Lusaka Magistrates Court that he left the country in 2004 because there were intentions by the state to eliminate him.

And Kabwe senior resident magistrate Joshua Banda has set July 31 as the date of judgment after the case in which Chungu is charged with forgery was closed. This is in a matter where Chungu is, on the first count, charged with forgery.

It is alleged that Chungu on dates unknown but between October 1, 2003 and November 30, 2003 in Lusaka with intent to deceive, did forge passport number ZH 88471 purporting to show that it was issued properly when in fact not.

On the second count, he is charged with falsifying a document contrary to Section 352 of the Penal Code CAP 87 of the Laws of Zambia.

Particulars of the offence are that Chungu on December 3, 2008 in Lusaka knowingly and fraudulently did alter the passport in question to Mary Bwalya, an immigration officer.

Chungu who opened his defence yesterday and was led in examination in chief by his lawyer Malewa Kaona said he would have been the most stupid person not to listen to the warnings concerning threats on his life.

He denied ever applying for the passport in question and that he found it among the mail that came from the Office of the President while he was incarcerated.

Chungu explained that between October and November 2003, he was incarcerated on a charge of motor vehicle theft and that that was when he received the passport.

“I found the passport in one of the envelopes. Inside it was a passport and a handwritten note warning me that it may not be a good idea for me to hang on, meaning, stay in the country,” he said. “I wish to note that prior to that, I had received a lot of threats on my life, among which included the delivery of poison into prison for my food. In addition, I had received a lot of warnings that there were intentions by the state to eliminate me. I would have been the most stupid person not to listen to the warning when I had seen what was happening on the ground.”

Chungu also said the Office of the President had a good working relationship with the passport office, adding that there were times when passports were issued to intelligence officers without difficulties.

He informed the court that during under cover operations, intelligence officers were issued passports with pseudonyms to protect the government.

“When they go to do special operations, they issue them with documents that do not leave records. They were issued in names that are partly theirs or completely different names,” Chungu said. “I believe this is the system people could have used to help me get a passport to help me leave.”

He also revealed to the court that he used the passport given to him in prison to travel around the world as well as when he returned to Zambia on December 3 last year.

Chungu told the court that when he fled the country, he never used any passport and only used it for the first time in May 2004 in South Africa when asked to present it before an immigration officer.

Asked by Task Force Prosecutor Fred Malambo where else he used the passport, Chungu said he used it in South Africa, Mozambique, Swaziland as well as Zambia upon his return last year.

He said he did not notice anything unusual about the passport as it had all the features of a Zambian passport and that he only noticed the wrong National Registration Card number when it was taken to court.

Chungu also told the court that he would not have used the passport if he had noticed anything false on it.

And Kabwe Resident Magistrate Joshua Banda, sitting as magistrate in Lusaka, yesterday set July 31 as the date for judgment after the case closed.

Magistrate Banda last week found Chungu with a case to answer and put him on his defence.

Chungu yesterday gave evidence on oath in his defence and no defence witnesses were called.

His lawyer Kaona told the court that he would file written submissions on or before June 17, 2009. In response, the state said they would file their submissions on June 24.

Magistrate Banda then set June 24, July 8 and 23 as the dates for mention awaiting judgment which will be delivered on July 31.

Labels: COURTS, XAVIER CHUNGU, ZSIS

posted by MrK @ 11:30 AM