Maravi

Regina relies on her business prowess to challenge conviction

Regina relies on her business prowess to challenge conviction
By Mwala Kalaluka
Wed 16 June 2010, 04:01 CAT

FORMER president Frederick Chiluba’s wife, Regina yesterday argued that it was wrong to suspect that the properties she had been convicted for by the Lusaka magistrates’ court were stolen given her background as a top business lady on the Copperbelt.

This is in a matter in which Regina has appealed against her three and half-year simple imprisonment by Lusaka chief resident magistrate Charles Kafunda, which entered its second day of hearing before High Court judges, Evans Hamaundu, Eddie Sikazwe and Catherine Makungu.

Regina was convicted for failing to account for properties in her possession, which were alleged to have been stolen or unlawfully obtained.
Regina argued through her lawyer Robert Simeza that there was no evidence by the prosecution to prove that she possessed the properties in question.

Simeza submitted that Regina’s explanation over the properties, which include buildings on plots number KIT643, KIT645 and NDO14, was never challenged by the prosecution.

“The question of possession and control of these two properties by the appellant was not challenged but it would appear that the lower court made a finding of possession purely on account of payment, which was done in respect of the properties,” Simeza said.

He said magistrate Kafunda’s holding that Regina possessed the properties in question was in conflict with the evidence on record.
Simeza said it was unfortunate that the judgment concluded that there was a contract of sale in respect of property KIT643, which was said to have been bought at US$48,000 when it was never owned by Regina.

“This testimony was simply glossed over by the lower court to conclude that the appellant was in possession,” he said.

Simeza said in the case of property KIT645, which was said to have been bought at US$65,000, Regina’s explanation that the transaction had not been completed to date despite her borrowing money from Ben Mwila to pay for it had also been glossed over by the court.

“The lower court simply concluded that because there was a payment the contract of sale was executed,” he said. Simeza also wondered why Regina’s ex-husband, Mwanza, who was also a director in Lilo Investment was not asked to account for property NDO14, which was acquired by the company.
“Here the appellant was convicted purely because she financed the acquisition,” he said.

Simeza said no evidence had been laid before the court to prove that during her time of arrest she conducted herself in a manner that created reasonable suspicion that the properties in question had been stolen.

Simeza said magistrate Kafunda erred when he held that Regina’s explanation of how she came into possession of the properties was unsatisfactory.
Simeza said the court also set its own high standards when it stated that the transactions on the properties were huge transactions and that being a business person Regina should have transacted through the bank system.

“Even a question of what amounts to a huge transaction is subjective. It is our standing. The wealth that we interact with around,” Simeza said. “When you look at what she is interacting with in this particular case there should have been no doubt in the court’s mind.”

Simeza said Regina’s business prowess was seen in the manner Standard Chartered Bank classified her as a corporate client at the time.
Simeza said the K474 million that was found in her account came from proceeds of property settlements at the time she was divorcing her ex-husband and there were also huge sums involved in disposing of some of her businesses on the Copperbelt.

“The appellant did discharge her evidential burden,” Simeza said. “The benefit of doubt in that case should have been given to the appellant and not concluded that this was just a pack of lies.”

Simeza said on those grounds alone Regina was entitled to an acquittal and it was their prayer that the conviction be set aside.
Hearing continues.

Labels: CORRUPTION, REGINA CHILUBA

posted by MrK @ 12:04 PM