Maravi

Katele's corruption appeal hearing fails to take off

Katele's corruption appeal hearing fails to take off
By Mwala Kalaluka
Sat 31 Dec. 2011, 13:56 CAT

THE case in which former MMD national secretary Katele Kalumba and others appealed against the five-year jail terms slapped on them by the Lusaka magistrates' court over corrupt activities failed to commence yesterday.

This is a matter before Lusaka High Court judge-in-charge Jane Kabuka and judge Nigel Mutuna, where Kalumba, a former finance minister in the Frederick Chiluba regime, and former finance permanent secretary Stella Chibanda have appealed against their convictions.

The other two appellants are directors of the defunct Access Financial Services, Faustin Kabwe and Aaron Chungu, who were all sent to a five-year jail term by then magistrate Edward Musona in May 2010.

The quartet later filed notices of appeal against their conviction and sentence and they were released after being granted K500 million bail each.

Kalumba in his grounds of appeal argued that the trial magistrate erred in law and fact in convicting him against the weight of evidence.

Kabwe and Chungu said in their grounds of appeal that the trial magistrate misdirected himself on points of law by not considering the ingredients of the offences under the anti-corruption commission Act.

Kabwe said the court misdirected itself on a point of law and fact by finding him guilty of corruptly erecting a cottage for former secretary to the treasury Benjamin Mweene.

However, when the appeal came up for commencement of hearing yesterday morning, it could not take off due to the absence of court reporters.

Consequently, judge Kabuka following a hearing in chambers adjourned the case to April 23 and 24, 2012 for commencement of hearing.

Kalumba, Chibanda, Kabwe and Chungu were on May 26, 2010 handed five-year jail sentences each for various corrupt charges connected to issues of corrupt practices by a public officer.

The conviction was as a result of 23 charges relating to payments made to two US security companies, Wilbain Incorporated and Systems Innovation totalling US$20 million over some security contracts.

Delivering an over five-hour judgment that drew people like chief Puta of the Bwile people of Chiengi and then agriculture minister Peter Daka, magistrate Musona said he had sentenced Kalumba to five years imprisonment with hard labour because he had not shown remorse, repentance and regret over his involvement in the matters before the court.

Magistrate Musona said it was not in dispute that Kalumba and the others were public officers at the time the matters before the court were taking place.

In passing sentence, magistrate Musona said no one could doubt the love that Kalumba had for Zambia and he had served the Zambian people in various portfolios.

He said Kalumba was a sitting parliamentarian who served the country very well up to the commencement of the investigations.

"How I wish you had shown remorse, repentance and regret by refunding
the money to the state. That would have really assisted me," magistrate Musona said. "I order that you serve five years imprisonment with hard labour."

In a post-sentence interview, Kalumba said his conviction was a price one had to pay for serving the public.

Labels: CORRUPTION, COURTS, KATELE KALUMBA

posted by MrK @ 5:04 PM