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Kunda’s defence of Chiluba is his worst, says Sikatana

Kunda’s defence of Chiluba is his worst, says Sikatana
Written by Patson Chilemba
Monday, September 28, 2009 8:39:05 AM

LUSAKA lawyer Mundia Sikatana has said George Kunda’s defence of Frederick Chiluba is the worst ever since the Vice-President has been known to mislead the nation. In an interview, Sikatana said Vice-President Kunda contradicted himself over his statement that Director of Public Prosecutions (DPP) Chalwe Mchenga would not appeal former president Chiluba’s acquittal because there was no merit in the case.

Asked to respond to specific assertions from the public that Vice-President Kunda had been known to mislead the public, more especially his bosses, Sikatana responded: “The latest is the worst. How can he be the same person that prosecuted successfully Chiluba in the London case [be the same one to say the grounds for the appeal are weak]? I think that he will continue defending, for how long, I don’t know.”

Sikatana wondered what the government was scared of in the appeal because there was enough opinion in favour of the appeal.

“He [Vice-President Kunda] is confident he is representing his own government. We who would like to see the appeal go ahead are also confident of the desire to prohibit the stifling of our justice system,” Sikatana said. “Mr Chiluba’s lawyers, have you noted any comment from them, [that is] for obvious reasons. Why haven’t you consulted them? I think that they would have won the appeal if this acquittal was lawful.”

On works and supply minister Mike Mulongoti’s statement that it would have been costly to jail Chiluba and that others should be jailed while others remain, Sikatana said Mulongoti’s statement only showed that whereas people were equal in the past, today there were those who were more equal than others.

“I was detained in the same cell with Mr Chiluba, and that time I got satisfied we were equal,” Sikatana said. “But you see, why should we continue debating this matter? Is there no way of telling the President, enough opinion exists among Zambians for the state to appeal?”

Sikatana said Vice-President Kunda was not the one to tell the people if the grounds for the appeal were weak, saying higher courts should be the ones to decide on the matter.

Asked on his expectations of the judicial review filed against the withdrawal of the appeal from the High Court by Mchenga, Sikatana hoped that nobody would influence the judicial review.

He said the judiciary should be given an opportunity to independently review the judgment.

Sikatana said he could not hold his opinion over the matter just because he was a founding member of the MMD.

Featuring on Radio Mano in Kasama last week on Tuesday, Vice-President Kunda said Mchenga would not appeal Chiluba’s acquittal because there was no merit in the case.

Last Thursday, Mulongoti said it would have been costly to jail Chiluba.

On the contrary, Law Association of Zambia (LAZ) president Stephen Lungu last week said Mchenga should have appealed Chiluba’s acquittal because there were enough grounds to do so.

Labels: CHALWE MCHENGA, CHILUBA, DPP, GEORGE KUNDA, MUNDIA SIKATANA

posted by MrK @ 7:39 AM