Luonde questions Musonda's claim of threats against him

Luonde questions Musonda's claim of threats against him
By Mwala Kalaluka
Mon 14 May 2012, 14:00 CAT

KITWE Anglican priest Fr Richard Luonde says Zambians demand substantiated evidence from judge Philip Musonda over his claims that Director of Public Prosecutions Mutembo Nchito and the intelligence are conspiring to kill him.

And United States embassy in Zambia public affairs officer Priscilla Ann Hernandez says the US does not recognise the granting of asylum at embassies abroad. In an interview yesterday, Fr Luonde said only proper, credible evidence would make Zambians listen to the suspended Supreme Court judge.

"He is now bringing the name of Mutembo Nchito and the name of the intelligence into disrepute when there is no evidence," Fr Luonde said. "We need substantiated evidence from judge Musonda before he even writes the President."

He said without evidence from Musonda, his allegations would remain hearsay.

And according to a letter authored by justice minister Sebastian Zulu to President Sata dated May 9, 2012, Zulu stated that judge Musonda called him at his ministry with complaints that his life was in danger.

Zulu stated that judge Musonda alleged that Nchito had conspired with the Zambia Security Intelligence Services to fabricate evidence against him in order to destroy him.

He stated that judge Musonda cited the case of an article on the front page of the Zambia Daily Mail of Tuesday May 8, 2012 entitled "Banned Judge Visits Mohan'.

"He denies that he ever visited the Lusaka Central Prison to see Mohan or otherwise and that in fact he does not know Mohan," read Zulu's letter in part. "Your Excellency, Honourable Justice Musonda alleges that his life is in danger from alleged conspiracy and that we should not be surprised if he takes refuge in some Embassy such as the American Embassy for fear of his life. He further informed me that he has transferred monies from his personal account to his wife's account and has written a note to his family that if he dies they should know what has led to his death."

And Fr Luonde said judge Musonda's request for early retirement was an attempt to avoid being implicated by judge Lovemore Chikopa tribunal's findings.

On judge Musonda's request to be retired in national interest by President Sata prior to the commencement of a tribunal hearing set up to probe him and two others, Fr Luonde said that the Judiciary had not performed to expectation, especially during the reign of the MMD.

"When I read that letter, so many things came to mind. How do you retire when you are being investigated and what prompts you to retire?" he asked. "If the President would have accepted his retirement, people would have been more suspicious of the Judiciary.

"Judge Musonda should wait for the tribunal to sit and present its findings to the President."

Fr Luonde said it was clear all was not well in the Judiciary and if one could only compare how the same judges that were today disposing electoral petition cases expeditiously used to drag the same cases during the MMD reign.

"These are the same things which are coming out now, because the truth has to be revealed," he said. "Judge Musonda wants to retire now so that he is not implicated in anything. The President has done well not to accept his retirement."

Fr Luonde said by his action, judge Musonda was trying to indicate to the people that there was something he did not do right in his role as a judicial officer.

"The system needs to be re-organised from the top to the bottom. In our language we have a saying that, lisabi litampila uku bolela kumutwe the fish starts rotting from the head," Fr Luonde said. "For me the Judiciary has lost credibility before the Zambians. The majority who can't afford a lawyer have paid heavily while those who can manage to get good lawyers have gone scot-free because they have been defended."

He said people from all walks of life should be defended by the Zambian law.

"In Zambia it seems we have a law for the rich and a law for the poor," said Fr Luonde. "These are indications of things to come. The Judiciary is our last defence but if they are held in suspicion, where do we run to?"

And commenting on judge Musonda's hint that he might seek refuge at an embassy such as the United States Embassy because his life was "in danger", Hernandez said pursuant to regulations, the US government does not comment publicly on asylum matters.

"The United States does not recognise the granting of asylum at embassies abroad," said Hernandez in response to a question on whether judge Musonda had already officially sought asylum from the embassy.

President Sata, through his special assistant for press and public relations George Chellah, on Friday released correspondence where judge Musonda applied for early retirement.

Another correspondence was one where justice minister Sebastian Zulu revealed that judge Musonda told him that people should not be surprised when he seeks refuge at an embassy such as the American one because his life was "in danger".

But President Sata rejected judge Musonda's application for retirement until after the tribunal set to probe his conduct together with High Court judges Charles Kajimanga and Nigel Mutuna concludes its work.