Nkole disputes $13m lawyers’ fees claim

Nkole disputes $13m lawyers’ fees claim
By Patson Chilemba
Sun 15 Nov. 2009, 04:01 CAT

FORMER chairperson of the dissolved Task Force on Corruption Maxwell Nkole yesterday dispelled President Rupiah Banda's claims that lawyers were paid US $13 million to prosecute former president Frederick Chiluba.

And Nkole said he had his own reservations on the ability of the Anti-Corruption Commission (ACC) to prosecute high profile corruption cases particularly those involving people President Banda favoured.

Reacting to President Banda's claims that the lawyers attached to the dissolved Task Force on Corruption were paid US $13 million to prosecute Chiluba over allegations that he stole US$500,000 public funds, Nkole said the statement by President Banda was not true.

“It's not true. First of all, the cooperating partners, they were six of them who were supporting the Task Force, and over the period of their support to the Task Force, they did not put in more than US $10 million dollars.
“Collectively, the amount of money they funded the Task Force was more than US $10 million, and all that US $10 million was put in a Task Force account in London, and more than 90 per cent of that money was paid to the London-based lawyers,” Nkole said.

“The Attorney General, because when we were prosecuting the Chiluba case in London, they were supposed to put in security for cost, they put in about US $5 million, which money is still supposed to be in London until these cases of the 20 defendants is concluded. After their conclusion of the case, because there is security for cost, they are supposed to claim it back. They secured for the people of Zambia a judgment against president Chiluba and his co-defendants. They secured a judgment of worth US $400 million. This is the London judgment we are trying to enforce so that the money can be recovered.”

Nkole said there were four lawyers who were prosecuting the Chiluba related corruption cases in Zambia and that none of them had earned the US $13 million as claimed by President Banda.

He said he did not know President Banda's source of information on the matter.
“They have not earned that money. If that money has been paid from the Attorney General's chambers, let the Attorney General's chambers … it, but surely not the Task Force, and I think it is important to say that the audit reports of the Task Force operations are available with the Auditor General. If anybody wants to verify, let them ask the Auditor General,” Nkole said.

“Every year, she goes through the accounts, and she knows how much they pay each lawyer. So personally, I would dispute that anybody has pocketed US $13 million to prosecute US $500,000.”

Featuring on Breeze FM's political hour programme on Wednesday, President Banda claimed that the dissolved Task Force on Corruption lawyers were paid US $13 million to prosecute Chiluba over allegations that he stole US $500,000 public funds.

On the public's assertions that ACC in its current form could not fight corruption, especially the corruption of those the President favoured, Nkole said late president Levy Mwanawasa set up the Task Force because he did not have much confidence in the ACC and other law enforcement agencies for them to fight grand corruption.

“After his death, I think the new administration are looking at things differently. All one can say is that we wait and see whether the fight against corruption, especially high level, will be pursued with the same vigour,” he said.

Asked on his personal opinion on the matter since he was involved in the fight against corruption, Nkole responded:

“Well, I have my own reservations because first of all, for a vigorous campaign against corruption to take place, you require to have a very strong political will, and political will is best interpreted in the way the institution fighting corruption relates to the leadership. It is my sincere hope that the current setup at the ACC will work honestly and courageously with the leadership and tell them that corruption has to be fought regardless of who is involved.”