Maravi

Kafunda asks Sangwa to step down from representing Mahtani

Kafunda asks Sangwa to step down from representing Mahtani
By Namatama Mundia
Fri 29 Oct. 2010, 04:00 CAT

LUSAKA chief resident magistrate Charles Kafunda yesterday asked Lusaka lawyer John Sangwa to step down from representing former Finance Bank chairman Dr Rajan Mahtani who is facing a charge of unlawfully acquiring 25 per cent voting shares in the commercial bank and money laundering activities.

And magistrate Kafunda refused to move one of the cases Dr Mahtani was facing to another court, arguing that there was nothing unusual for one accused person to appear before the same court for different cases.

Meanwhile, magistrate Kafunda ruled that he will not halt proceeding in Dr Mahtani’s case pending the outcome of the petition in the High Court.

This is a matter in which Dr Mahtani is in the first count charged with the offence of acquiring beneficial interest in voting shares of a bank without prior approval in writing of the Bank of Zambia.

In the second count, Dr Mahtani is charged with the offence of money laundering contrary to section 7 of the prohibition and prevention of money laundering Act.

When the matter came up for commencement of trial yesterday, magistrate Kafunda ordered Sangwa to stand down as a lawyer for Dr Mahtani in a case before him whilst the broader aspect presented in the two cases before him are addressed as a policy by the judiciary and stakeholders.

“It would be improper for him to appear in this matter as counsel. I would urge him to stand down as counsel in this matter,” magistrate Kafunda said.

He also said there was nothing unusual for one accused person to appear before the same court for different cases.

Magistrate Kafunda said while he appreciated, and to a large extent agreed with defence lawyer Stephen Malama’s concerns that the placement of two cases did present a predicament in respect of Sangwa, he did not agree that the cure to the problem presented lied in moving one case to another court.

“This issue to me is as I put it to the defence on the last occasion. This presents a policy issue transcending beyond the professional aspect affecting Sangwa and it is a matter that the judiciary and the justice system stakeholders must address,” magistrate Kafunda said.

“At this stage, the office of the registrar is aware of this novel problem though, no position has been taken yet.”

On the defence’s suggestion that the court in its discretion should halt proceedings awaiting the outcome of the ruling from the High Court on Dr Mahtani’s petition, magistrate Kafunda refused to halt the proceedings and agreed with the state that it would only be proper to halt the proceedings if the High Court so directed.

“I will therefore not permit the defence’s prayer on this point,” said magistrate Kafunda.

The matter has been adjourned to November 19.

Labels: CORRUPTION, FINANCE BANK, JOHN SANGWA, RAJAN MAHTANI

posted by MrK @ 2:31 PM