Chiluba’s acquittal is suspicious – Milupi

Chiluba’s acquittal is suspicious – Milupi
Written by Chibaula Silwamba
Monday, September 14, 2009 5:51:04 AM

FREDERICK Chiluba will only be acquitted and free if he goes through the whole appeal process, parliamentary Public Accounts Committee (PAC) chairperson Charles Milupi has said.

In an interview in Lusaka, Milupi said former president Chiluba's acquittal was very suspicious and it would be better for the former head of state to go through the whole appeal process and the judiciary is seen to be independent to prove his innocence. He said he found it illogical that the MMD government that took Chiluba to court for theft were the first ones to celebrate his acquittal.

“To me the issue of acquittal is neither here nor there because you can have the magistrate, his honour Jones Chinyama carry out the judgment but the reason why we allow for appeal is where someone erred, others higher than the one who has passed that judgment have an opportunity to look at the issue and come up with a different judgment,” said Milupi, who is independent member of parliament for Luena Constituency in Western Province.

“The process of the appeal, underpins the very essence of the judiciary and therefore when government has now said they are not going to appeal, it raises more suspicion. I think even for the former president himself, it would have been better for him to go through that appeal process, through all the various processes and be acquitted and then everybody would say, 'well now the judiciary has worked and what are you complaining about?”

He said the government had mishandled the Chiluba acquittal and controversy surrounding the appeal process.

“At the moment, where the appeal process has been curtailed even before it starts, where someone like the executive chairman of the Task Force [on Corruption Maxwell Nkole] who was mandated and they [government] have spent so much money on the Task Force to execute these cases, for just expressing his opinion that they want to appeal they are dismissed. I think that raises a number of questions. It raises more questions than answers. It hinges on our governance and the desire of Zambians is that we should have much accountable government in every aspect,” Milupi said.

“My position is that the legal system, the judiciary system which is a very important arm of our government must be independent and must be seen to be independent; independent of the legislature; independent of the executive.”

He said Chiluba's acquittal had shown signs that the Zambian judiciary might not have the level of independence that Zambians wanted to see it have.

“If you look at the arguments in the judgment, some of them even though we are lay people, you begin to see that it is incoherent. We want to go back to the situation where our judiciary is not only free and independent but must be seen to be free and independent,” Milupi said.

“In terms of the acquittal, let us remind ourselves that these matters of lifting of immunities, taking the former president to court were by the MMD government. They are the ones who set up the Task Force [on Corruption], they are the ones who have spent so much money chasing up these matters, now when you have the acquittals in the manner that we have had, it is surprising to some of us to see a situation where the MMD and the government, the ones who took the person to court are the ones celebrating.”

Milupi said the behaviour of the government and the MMD leadership was illogical.

“I take you to court either you have broken into my house or you have done something [wrong] to me and when the court acquits you, I am the one who celebrates, it doesn't make sense. We want a governance system that demonstrates that there is common sense,” said Milupi.

“So I think the government must come out very clearly and indicate what their stance is. I agree with the people who are saying that the government must give their position on the acquittal. For the judiciary to be seen to be free and independent, the due process of the law must be seen to the final conclusion.”

On August 17, 2009, Ndola High Court registrar Jones Chinyama, sitting as a magistrate in Lusaka, acquitted Chiluba on all counts of embezzling public funds amounting to US$500,000 but imprisoned his co-accused, Access Financial Services Limited (AFSL) former directors Faustin Kabwe and Aaron Chungu, for five years with hard labour.