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Chiluba’s case should be sent back to court – Nkole

Chiluba’s case should be sent back to court – Nkole
By Patson Chilemba
Mon 28 Dec. 2009, 04:01 CAT

MAXWELL Nkole yesterday asked President Rupiah Banda’s government to seriously reflect on the consequences of blocking the due process of the law to restore confidence in the office of the DPP.

In an interview, Nkole, who is former Task Force on Corruption chairman, said President Banda’s government should restore former president Frederick Chiluba’s appeal back to court if the impasse surrounding the acquittal and the office of the Director of Public Prosecutions (DPP) were to be resolved.

“I think prudence is such that maybe the matter should be restored back to court. Let the higher court look at it because it is not yet too late, and the High Court will make a ruling for Mr Chiluba’s innocence,” Nkole said.

“Dr Chiluba’s innocence will not have been proved beyond reasonable doubt in so far as there has been a blockage of ensuring that the due process had taken place, and I think it’s both in the interest of Dr Chiluba that he is totally cleared by the courts in terms of them endorsing his innocence. The Executive will still give him prerogative of mercy at the end of the day, and that way this issue will be resolved once and for all. The DPP’s office and its constitutional powers will be maintained.

“And also the individuals who are being mentioned here, the DPP himself, again their personal integrity will be restored.”

Asked if DPP Chalwe Mchenga’s personal integrity had not been dented already, Nkole responded: “I don’t know, but I think that there is no much damage in so far as there is still hope that somebody will seriously reflect on the consequences of blocking the due process of the law.”

Nkole said Chiluba’s case should be sent back to court so that he could be cleared, saying it was not good to choke the due process of the law.

On government’s statement that Vice-President George Kunda travelled to London for a case government had with Donegal International and not the plunder cases involving Chiluba, Nkole said all the cases, be it Zamtrop, Kwachamania, Donegal and the Chiluba prosecution were prosecuted under the Attorney General’s name.
He said Vice-President Kunda was Attorney General when the process of prosecution started.

Asked if he thought government through Vice-President Kunda was trying to distance itself from the prosecution of Chiluba, Nkole responded: “They cannot do that. The DPP acts on behalf of the people. All the cases we have taken to court were on behalf of the people. The DPP appointed prosecutors to come and work with the Task Force, the Attorney General signed contracts with those lawyers concerning the returner fees.”

Nkole said the decision to prosecute Chiluba was a Cabinet decision, dating back to 2002 when his immunity was lifted.

He said most people in Cabinet and Parliament today were part and parcel of that government. Nkole said the US $5 million that Patriotic Front (PF) president Michael Sata referred to was paid as security for cost and it was not stolen.

“So in this case, the Republic has actually won costs in the matter which means they get back their security for costs money plus any other cost which the court will impose,” said Nkole.

“And the duty of making sure that that money is paid back to the Republic still lies with the Attorney General.”

Recently, justice deputy minister Todd Chilembo said Vice-President Kunda traveled to London for a case the government had with Donegal International and not for the plunder cases involving Chiluba.

The remarks came in the wake of Sata’s call for Vice-President Kunda’s arrest for alleged failure to account for the US $5 million paid to the London High Court during plunder cases involving Chiluba.

Labels: CHILUBA, DONEGAL INTERNATIONAL, DPP, MAXWELL NKOLE

posted by MrK @ 3:59 AM