Rupiah has endorsed Findlay’s insults on Lambas - Mpombo
By Patson Chilemba
Wed 02 Feb. 2011, 03:59 CAT
RUPIAH Banda’s appointment of Terence Findlay to NEC is adding salt to the insults against Lambas, says George Mpombo. Commenting on President Banda’s (right) appointment of Findlay as an MMD national executive committee (NEC) member, Mpombo, the Kafulafuta MMD parliamentarian, said President Banda had endorsed Findlay’s insults against Lambas.
He said the appointment of Findlay proved that President Banda did not understand politics on the Copperbelt. Mpombo said Findlay carried a lot of moral baggage and his standing with the people of Zambia was very low.
He said the appointment of Findlay had given him a campaign bonanza to use in Copperbelt rural.
“For us we want to congratulate Mr Banda for having appointed Mr Findlay,” Mpombo said.
“But I want to tell him that the political cost of his action is too colossal. When there were those issues on the Copperbelt Mr Findlay was told that he had been forgiven for his utterances, but we saw what happened when there were provincial elections. The man was defeated pants down.”
Mpombo said Findlay was defeated at the Copperbelt MMD provincial conference largely because of the votes from the Lamba people.
He said Lambas were still upset with Findlay’s insults, and the action from President Banda would just worsen the situation.
“Mr Banda has made a blunder of major proportion and we are going to involve the communities. People are certainly upset over the appointment of Mr Findlay and we are going to use that to the best of our advantage…the issues of Mr Findlay are very sensitive to the community,” Mpombo said.
“Mr Banda cannot appoint a person like Findlay who openly insulted Mr Levy Mwanawasa that the MMD does not belong to Mwanawasa’s relatives. We have got newspaper cuttings…it has proved that he has no space in his heart for Mr Mwanawasa. What Findlay said about Mr Mwanawasa was so insulting.”
Mpombo said the people of Ndola rural would ensure that the political damage of President Banda’s action was huge.
He said Findlay was President Banda’s preferred choice for the Copperbelt chairmanship, but his efforts were frustrated by the Lambas.
Mpombo said President Banda was undermining democracy in the MMD because a person who had been rejected at provincial level was appointed to the party’s supreme organ.
“My advice to Mr Banda is let him continue to listen to people who are saying he is in full charge of the Copperbelt, Ndola rural. But he is going to have a rude shock,” said Mpombo.
President Banda in December last year appointed Findlay as MMD national trustee, shortly after he was rejected for the position of provincial chairperson.
Labels: GEORGE MPOMBO, RUPIAH BANDA, TERRENCE FINDLAY
Read more...
Ours is a disgraced police
By The Post
Mon 30 Aug. 2010, 04:04 CAT
Every state must have the power to maintain order and punish criminal acts. But the rules and procedures by which the state enforces its laws must be explicit, not secret, arbitrary or subject to political manipulation by those in power, those in charge of state institutions.
We say this in the light of the police’s refusal to arrest and prosecute Lucy Changwe, a deputy minister in Rupiah Banda’s government, who bounced a cheque of K10 million issued to the complainant Roger Musonda of Mkushi. To us, and probably to many other independent-minded citizens, this is a case of double standards. We say this because in a similar case involving George Mpombo, an ardent critic of Rupiah, the police behaved differently. They were very eager to arrest Mpombo and prosecute him for bouncing a postdated cheque he had issued to a personal friend Terence Findlay, an MMD cadre with very strong links to Frederick Chiluba and one with reasonable access to Rupiah and with good business links with government institutions.
The police are saying they cannot arrest and prosecute Changwe because at the time of issuing the K10 million cheque to Musonda, that is on May 21, 2010, she had K23 million in her bank account. And because of this, she can’t be arrested and prosecuted because she had sufficient funds on that account at the time of issuing that cheque. But this is not true. Changwe did not have sufficient funds on that account at the time of issuing that cheque because she had also written other cheques whose total exceeded her K23 million account balance.
Musonda deposited the cheque the same day but it bounced because she only had K2 million available to clear a cheque of K10 million. Changwe’s cheque to Musonda bounced because she didn’t have sufficient funds in the account, she had overdrawn her account. If she had sufficient funds in her account to cover that cheque of K10 million, her cheque to Musonda wouldn’t have bounced. If the police’s reasoning is accepted, then very few, if any, would be prosecuted for bouncing a cheque. We say this because if one has K23 million in his or her account on a particular day, one can issue as many cheques as possible on that same day to as many people as possible as long as none of them is more than K23 million, and whichever cheque bounces after that, it is no offence. This is nonsense. It doesn’t make sense legally or otherwise.
And it is decisions like these that are undermining public confidence in state institutions. With this type of reasoning and decisions, how can anyone expect the police to be respected and retain some measure of credibility with the Zambian people? It is clear that for those who are in Rupiah’s league, excuses will always be found to make them escape justice. We have not forgotten how every effort was made to try and make Dr Solomon Musonda get away with shooting an unarmed and harmless young opposition PF cadre in Serenje. The only time Musonda was arrested was when measures were instituted to take civil action against him. But even then, the police tried in all sorts of ways to defend his action. They actually cleared him of any wrongdoing. But today, the same police have been tasked to prosecute a man they had declared innocent. What should the public expect from this prosecution – a conviction or an acquittal? How can the police be entrusted with the prosecution of a matter they did not want to prosecute and be expected to put in a spirited effort to secure a conviction?
Probably Musonda should just take a similar route and pursue civil litigation against Changwe, hoping that the police will at that stage jump in and try to save face. This is not the way to administer justice in a country. But this is the way justice is being administered in our country today. Those who administer the criminal justice in our country today hold power with the potential for abuse and tyranny. And they are actually abusing that power in a very tyrannical way. They are using their control of the criminal justice system to harass political opponents and exempt members of their league from justice. No nation that aspires to be a more just, fair and humane one can tolerate abuses of this nature. From the very beginning, no one ever thought Changwe would be arrested because the police were very reluctant to deal with the matter. And this renders credibility to the arguments of those who are saying that Mpombo’s arrest, prosecution and conviction was part of a conspiracy to politically and otherwise cripple him. The similarities between Mpombo’s case and that of Changwe are glaring, and it’s very difficult to distinguish them. Mpombo issued a postdated cheque of K10 million to Findlay.
At the time Mpombo issued the postdated cheque, he didn’t have sufficient funds in his account. This didn’t matter because the cheque was not for that date but for a future date when he thought he would have sufficient funds to cover the cheque. But life being what it is with its uncertainties, as the date of the cheque was nearing, Mpombo realised that he may not have the money in his account on the date of the cheque and asked Findlay not to deposit the cheque until he was told to do so. Findlay ignored this and went ahead and deposited the cheque, which consequently bounced. And Mpombo was reported to the police and arrested. But before being arrested, Mpombo went to Findlay with cash to make good the cheque. Findlay refused to take the money and Mpombo had to pay that money to the police. But the matter still went ahead, and Mpombo was convicted and sent to prison with a fine on top of that. Is it illegal to issue a postdated cheque in this country? Is it illegal to issue a number of cheques whose sum total is more than the balance on one’s account? Does it really matter if one issues a postdated cheque when there is no money on his account but at the time it’s presented, it is adequately covered and accordingly cleared? This whole issue boils down to the right to equality before the law, or equal protection of the law. This issue is fundamental to any just and democratic society.
As we have consistently stated, whether political ally of those in power or opponent – all are entitled to equal protection before the law. And under no circumstances should those in power, those who control state institutions and administer the criminal justice system in our country impose additional inequalities; they should be required to deal evenly and equally with all our people. No one is above the law. We all submit to the law because we recognise that however indirectly, we are submitting to ourselves as makers of the law. And when laws are established by the people who then have to obey them, both the law and good governance or democracy are served. If Rupiah and his friends had a sense of shame, they would not allow Changwe not to be arrested in the light of what they did to Mpombo. But these are shameless characters. There is nothing in this world that they can’t do as long as it suits them no matter how repugnant it may be. Public opinion doesn’t seem to bother them.
Labels: GEORGE MPOMBO, MMD, POLICE CORRUPTION, TERRENCE FINDLAY
Read more...
Rupiah’s vote in Lambaland is in great danger – Mpombo
By George Chellah
Sat 03 Apr. 2010, 04:02 CAT
GEORGE Mpombo yesterday said President Rupiah Banda is courting a political earthquake of a huge magnitude in Lambaland because of Terence Findlay's insults. And Mpombo said President Banda and the MMD leadership must respect Lamba chiefs and stop harassing them.
Reacting to former Copperbelt Province MMD chairperson Findlay's refusal to apologise to Lambas, Mpombo wondered what President Banda had found in Findlay, who openly exhibited hatred for the late Levy Mwanawasa and the Lamba-speaking people.
“Findlay is a cheap political scumbag who has no morals and a misguided political flibbertigibbet who is puffed up with cheap pride and self-destruction. The chap is almost an illiterate and I don't know what Banda finds in this gentleman because his social record in the province is nauseating. And there is no way a reasonable person can align himself with a person like Findlay,” Mpombo said. “When he talks about exaggeration, Emmanuel Chenda and Wynter Kabimba were there, so a question of exaggeration doesn't arise. It is actually petty people like Findlay who should not be allowed to roam the streets. He should actually be chained! Findlay's failure to apologise to the Lambas is a very, very serious development. This chap…. Lambas are not pleading for his apology, Findlay is nothing! He should not think Lambas will go down on their knees to plead for his apology.”
He requested the government to stop harassing chiefs on the Copperbelt Province.
“You know it's not good, each time there is anything they must arrange a crew of government newspapers to go and harass chiefs, that one we cannot allow. They must respect our chiefs. There is no way they can be calling chiefs, summoning chiefs to their offices. Government must respect Lamba chiefs,” Mpombo said. “They must ask Dr Kenneth Kaunda how he managed Ndola rural Ndola rural is a very, very difficult district politically. President Banda himself must respect chiefs. The MMD leadership and President Banda must respect chiefs because when we were campaigning, I was provincial campaign manager, Mr Banda portrayed a humble attitude when we met chiefs at the Bank of Zambia.
“We met all the chiefs and Mr Banda was so humble and said he was their son just because the late president Levy Mwanawasa was their son. He humbled himself but not this kind of arrogance we are getting.”
He observed that President Banda's vote in Lambaland was in great danger.
“This is more or less like…government is creating deliberately a very serious political earthquake for Mr Banda and the MMD of huge magnitude because people feel insulted that little chaps like Findlay should insult people, responsible people,” he said.
He warned that the ruling party was playing with a political dynamite.
“The current provincial chairman although he is what we could call a political half-sense…Joseph Chilambwe he is a political half-sense because he hasn't got what it takes. But Findlay will be the worst option because they will just plunge the party into an irretrievable political mess from which they will never be able to recover,” Mpombo said. “And tell Findlay that he can jump into the sea, no one is pleading for him to apologise. We thought he was going to use his conscience to tell him to retract his stupid statement but if he thinks he is a tough nut to crack he can go hang! He can go hang but consequences will fall on his head.”
Findlay recently revealed his hatred for Lambas and late president Mwanawasa following his prosecution for defilement but some sections of society expressed concern over his remarks. MMD national chairman Michael Mabenga distanced the party from Findlay's remarks whom he said remained a suspended member of the party. However, Findlay said he could not apologise because he never uttered the words “Lamba” and “president Mwanawasa”. However, Kabimba, who initially broke the story and Patriotic Front member Emmanuel Chenda maintained that Findlay made the remarks on the Lambas and president Mwanawasa.
Labels: RUPIAH BANDA, TERRENCE FINDLAY, TRIBALISM
Read more...
Mabenga condemns Findlay’s hatred for Lambas
By Patson Chilemba
Tue 30 Mar. 2010, 04:01 CAT
MMD national chairman Michael Mabenga yesterday condemned Copperbelt former party chairperson Terence Findlay’s hatred for the Lamba people and late president Levy Mwanawasa.
Commenting on Findlay’s recent revelation that he hated Lambas, Mabenga said he was disappointed with Findlay’s statement.
“Yes, chief Machiya, I am terribly disappointed. I am saying this from the depth of my heart, and I am saying this on behalf of the party because first and foremost, Findlay must be speaking as an individual, not as a party. He doesn’t hold any position of authority anywhere. Terence Findlay was removed as provincial chairman because of indiscipline. That removal still holds, and no one has lifted that kind of punishment,” Mabenga said.
“So whatever he has said, we condemn, and let it be understood that that does not come from any hierarchy of our party in any way. It doesn’t.”
But when reminded that Findlay was recently with former president Frederick Chiluba on the Copperbelt to campaign for President Rupiah Banda, Mabenga responded:
“Well, let me tell you this, anyone even when not invited can do whatever they want to do because they are free to do what they can do, yes. But I can tell you, no one sanctioned his movements there, from the party hierarchy, no.”
On assertions that President Banda wanted to reinstate Findlay as provincial chairperson, Mabenga responded: “No, we haven’t heard that. If you are hearing that then that’s you hearing that. But I haven’t heard it.”
Findlay recently revealed to Lusaka lawyer Wynter Kabimba that he hated Lambas and president Mwanawasa because they wanted to send him to jail for 15 years.
On assertions by North Western Province MMD youth chairperson Newton Malwa that the party would lose if they adopted another candidate other than Elliot Kamondo, Mabenga advised Malwa to wait and listen to what his superiors in the province and the MMD national executive committee (NEC) would do.
“The observations he made are misplaced, and we suspect that he must be working for other people, and not really this party,” said Mabenga.
On the argument by Malwa that the MMD lost Solwezi-Central because they did not listen to him over the adoption of the candidate, Mabenga said whatever happened there was recommendation by the grassroots.
Labels: MICHAEL MABENGA, TERRENCE FINDLAY, TRIBALISM
Read more...
Findlay is a foolish boy - Peter Mumba
By George Chellah
Mon 22 Mar. 2010, 04:01 CAT
PETER Mumba yesterday described Terence Findlay as a foolish boy who has been brought up very badly. Reacting to Ndola businessman Findlay's open revelation of his hatred for late president Levy Mwanawasa and the Lamba-speaking people in general to Lusaka lawyer Wynter Kabimba, Mumba who is former energy permanent secretary said the Lamba were very offended by Findlay's outbursts.
“Actually I won't hesitate to say that he is an …… and a foolish boy who has been brought up very badly. How does he bring in the Lambas and the late president in his defilement case?” Mumba asked.
“Because the right people who brought up this issue were the police and not the president and for that matter why should he start talking about the president who is no more?”
He wondered why Findlay did not bring up the matter when president Mwanawasa was still alive if he were courageous and man enough.
“And for the Lambas, it's a pity he actually stays in a Lamba area and then he must start insulting Lambas. Everybody knows that Findlay is a careless chap on the Copperbelt, especially in Ndola we know his lifestyle. That's his nature, that's his character,” Mumba said.
“Findlay has got some property in Lambaland, if he doesn't want to cooperate with Lambas then he can as well leave Lambaland because the Lambas actually have been phoning me and they are very upset. So Findlay should actually go to his village if he has a village at all.”
He maintained that Findlay should not drag the Lamba people into issues of defilement.
“We shouldn't be brought into this. If he has a bone to chew with Honourable George Mpombo he should actually confine his statement to Honourable Mpombo and not to generalise and include the late president and the Lambas,” Mumba said.
“He should actually watch his movements in Lambaland because they are very upset. Actually an apology is required from him and if he doesn't do so the people of Lambaland will decide what next.”
He questioned the reasoning of people who considered Findlay for leadership.
“He is not fit to be a leader. I don't even know how those who think he can be a leader think,” Mumba said.
Copperbelt Province UPND chairperson Elisha Matambo, who is also Lamba, said Findlay's remarks confirmed President Rupiah Banda and former president Frederick Chiluba's hatred for president Mwanawasa and the Lambas in general.
“Rupiah Banda and the government have been insulting the Lamba people for a long time. Findlay is an agent of Chiluba and Chiluba is an agent of Rupiah. He came here to campaign for Rupiah and he was going round with Findlay. So since Findlay has said he hates Levy and Lambas it confirms that Rupiah through Findlay and Chiluba hate Lamba people so much,” said Matambo.
“That's a serious insult on Lamba people. We demand for an apology from Findlay within 48 hours. If he doesn't we will organise serious demonstrations. We are meeting right now as Lambas, we will not let him operate freely if he doesn't withdraw the statement or apologise.
We will demonstrate and make his stay on the Copperbelt very difficult. We don't even know if this chap has a village. We will make his stay very difficult if he doesn't apologise. He amassed all that wealth from here with resources from Lambaland.”
And Lambas in chief Mushili's area asked Findlay to apologise over his hatred for them.
In a statement, Lamba organising committee vice chairperson Mandela Nkole stated that Findlay's hatred for Lambas was childish and retrogressive.
Nkole said Lambas voted for Findlay as Copperbelt MMD chairperson but they did not know his hidden hatred for them.
Nkole said Findlay's differences with Mpombo were personal.
“Findlay should apologise to Lambas or vacate from Lamba territory where he owns and runs Crown Breweries. He is selling his beer to the same Lambas he hates,” he said.
Nkole said tribal politics were dirty and should be discouraged.
Findlay last Wednesday openly revealed his hatred for late president Mwanawasa and the Lamba people in general to Kabimba.
This was after the trial of Kafulafuta MMD member of parliament Mpombo at Ndola magistrates' court.
Mpombo is alleged to have issued a cheque of K10 million to Findlay on an insufficiently funded account.
Mpombo narrated that he learnt of Findlay's outbursts through Kabimba who is part of his defence team, immediately after the court adjourned about midday.
“I am extremely flabbergasted and shocked by the scum of the politics Mr Findlay is trying to exhibit just to get at me for no apparent reason,” said Mpombo.
Labels: PETER MUMBA, TERRENCE FINDLAY, TRIBALISM, WYNTER KABIMBA
Read more...
Findlay reveals his hatred for Levy, Lambas
By George Chellah
Fri 19 Mar. 2010, 04:20 CAT
TERENCE Findlay on Wednesday openly revealed his hatred for the late president Levy Mwanawasa and the Lamba-speaking people in general to Lusaka lawyer Wynter Kabimba.
This was after the trial of former defence minister George Mpombo at Ndola magistrate's court. Mpombo is alleged to have issued a cheque of K10 million to Findlay on an insufficiently funded account.
Mpombo yesterday narrated that he learned of Findlay's outbursts through Kabimba who is part of his defence team, immediately after the court adjourned about midday.
“I am extremely flabbergasted and shocked by the scum of the politics Mr Findlay is trying to exhibit just to get at me for no apparent reason,” Mpombo said. “Yesterday Wednesday after the court session, I saw Mr Findlay walk down where we were standing to engage in discussion with one of my lawyers, Mr Wynter Kabimba, and they had quite a good chat for about 15 minutes or so.
Then as I was about to see off Mr Kabimba to his vehicle because he was travelling to Lusaka, he stopped me for some few minutes… he was trying to brief me as his client since he is my lawyer. That's when he Kabimba told me what Mr Findlay had said. He said 'look Findlay is very, very upset.
He says these Lamba chaps with their Levy where trying to put me in jail for 15 years for defilement, these are bad people. I don't like them.' He said this in reference to the case that he had in the courts involving defilement charges that were placed on him.”
Mpombo, a Lamba, described Findlay's remarks as extremely saddening and unfortunate.
“When I heard this, I was really shocked that he should bring in the late president and any Lamba-speaking person into his problems,” Mpombo said.
“He thinks that, that time when he was going through that situation it was the time of the late president Mwanawasa, so from what my lawyer told me you can conclude that just because president Mwanawasa was in control at that time the hatred now must spread to every Lamba speaking person. According to Mr Findlay, the hatred must spread so that all Lamba speaking people are sucked into his axis of evil. This kind of bitterness creates corrosive hatred and spiritual debauchery.
But I think that is unfortunate and I find it extremely uncouth and you can't understand the whole issue because it doesn't project a healthy picture at all.”
When contacted for comment, Findlay could neither deny nor confirm Mpombo's narration of what occurred on Wednesday after court.
“Ahh… if he is got nothing to say, let him just keep saying what he wants, I’m not interested. I am not interested in what he is saying. I am not interested!” said Findlay.
Mpombo's K10 million debt to Findlay, who is also former MMD Copperbelt Province chairman, turned sour when he was reported to the police for allegedly bouncing a cheque in the same amount.
Confirming the incident to the Zambia Daily Mail, police spokesperson Bonny Kapeso said the police opened a docket after Findlay presented his case.
However, the docket was closed after Findlay withdrew the case.
Kapeso was also quoted by ZNBC as saying that Mpombo, through his personnel manager, paid the K10 million cash to the complainant who subsequently instructed the police to close the docket.
But well-placed sources in government revealed that Findlay was put under pressure by State House to report the matter of the bouncing cheque to the police as a way of criminalising Mpombo and therefore silence him.
"...The President was very excited when he heard this because he saw an opportunity to fix Mr Mpombo as a way of silencing," the source disclosed.
And recently, Findlay was part of former president Frederick Chiluba entourage during the latter's last covert campaign tour of the Copperbelt Province.
Labels: GEORGE MPOMBO, MWANAWASA, TERRENCE FINDLAY
Read more...
Findlay joins MMD’s 2011 candidate debate
Written by Patson Chilemba
Tuesday, April 07, 2009 3:47:21 PM
RUPIAH Banda is not indispensible, suspended MMD Copperbelt Province chairman Terrence Findlay said yesterday. In an interview, Findlay said it was wrong for MMD spokesperson Benny Tetamashimba to suggest that President Banda was the best and only capable candidate for the MMD.
He said the MMD was not bankrupt of people who could lead the party.
"There are many of us who are capable of taking over. There are people in MMD with brains. I said it before that this party did not belong to [late] president [Levy] Mwanawasa. It does not belong to any one individual but us members. President Rupiah Banda is not indispensable, just like president Mwanawasa was not indispensable," Findlay said.
"Rupiah Banda is not indispensable. I am one of the potential people to take over the leadership of the party. I don't intend to contest for the presidency but I am a potential person."
Findlay said it was not surprising that Tetamashimba was pushing for President Banda to be adopted because he did the same with president Mwanawasa.
He said Tetamashimba used to say that president Mwanawasa was the only best and capable candidate for the MMD before the demise of the late president.
Findlay said there was no need to even waste time debating because the party convention would have the final say on the candidate that MMD would adopt to contest the 2011 elections.
However, Findlay said President Banda's re-election would depend on his performance.
Asked on President Banda's performance since he took over office, Findlay said it was difficult to judge because the President had taken over leadership when the country was going through an economic crisis.
MMD national executive committee (NEC) member Walusiku Lisulo said the MMD was a democratic party, which allowed divergent views and that he would not waste time debating Tetamashimba's opinion.
And MMD national secretary Katele Kalumba stated that the party had learnt with dismay a statement by MMD presidential aspirant Professor Clive Chirwa over the electability of President Banda should he stand in 2011.
"Professor Chirwa is reported to have impeccable intellectual credentials as a specialist engineer in motor vehicle accidents. However, to date, the MMD has not known Professor Chirwa to possess prophetic powers of political prediction. His record on the Zambian political scene has yet to be established, just as his membership of the MMD," Kalumba stated.
"Katuba constituency, where he is reported to have registered, has not to date sent any records about his membership to the secretariat. Invariably, it is difficult to assess what special vantage point our good Professor, has to judge the electability of any person, including our party president, R.B. Banda in the event the party supported his candidature for 2011."
Kalumba stated that President Banda was duly elected by the Zambian people in 2008 and had a very challenging economic agenda that Zambians looked towards him to accomplish.
He stated that President Banda did not deserve the kind of untutored distractions as being proffered by persons like Prof Chirwa. Kalumba stated that well meaning Zambians should give chance to President Banda to concentrate on fixing the economy following the global financial crunch.
"No one has the capacity to predict either how MMD will decide at the convention or how Zambians will vote in 2011. Those who have ambitions of presidency should concentrate on demonstrating their leadership and political good sense now rather than degrading other leaders. That is bad politics. It is equally undemocratic," stated Kalumba.
On Sunday, Prof Chirwa said Tetamashimba was making a terrible mistake by suggesting that the ruling party and the country should continue with president Banda after 2011.
Prof Chirwa said the nation would lose the development momentum should President Banda be allowed to continue after 2011.
Recently, Kalumba and Tetamashimba differed over the latter's statement that President Banda was the best candidate and MMD would lose if they did not adopt him in 2011.
Tetamashimba had said should President Banda refuse to stand, party members like himself would push him to do so.
But in response, Kalumba said it was an insult to other party members for Tetamashimba to say that only President Banda was capable of contesting the presidency.
Labels: CLIVE CHIRWA, ELECTIONS, KATELE KALUMBA, MMD, TERRENCE FINDLAY
Read more...
Findlay wins rape case
By Laura Mushaukwa in Ndola
Friday April 25, 2008 [04:00]
SUSPENDED MMD Copperbelt chairperson Terence Findlay (right) was yesterday acquitted on charges of rape and possession of obscene material by the Ndola Magistrates’ Court. However, Findlay was found guilty of assaulting a 16-year-old girl and was fined K5 million by Ndola Principal Resident Magistrate Chilombo Phiri.
This is in a case where Findlay was indicted for rape contrary to the Laws of Zambia.
Particulars of the offence were that Findlay on unknown dates but between May 1, 2007 and June 2, 2007 in Ndola had unlawful carnal knowledge of a 16-year-old grade ten pupil of Kansenshi Secondary School.
On the second count, he was charged with possession of obscene material contrary to the provisions of section 177(1a) of the Penal Code Cap 87 of the Laws of Zambia.
It was alleged that Findlay on unknown dates but between May 26, 2007 and June 3, 2007 had in his possession a DVD film that tended to corrupt morals.
On the last count, he was charged with assault occasioning bodily harm contrary to Section 248 of the Penal Code CAP 87 of the Laws of Zambia.
According to the indictment, Findlay on June 2, 2008 assaulted his victim, causing her harm.
Findlay pleaded not guilty on all counts and 11 witnesses testified against him.
The 16-year-old girl who claimed Findlay raped and assaulted her narrated her ordeal before the court.
She told the court that on the fateful day, Findlay picked her up on her way home from school and they drove to town where he gave her a drink that he opened.
The girl added that she and Findlay then drove to Castle Lodge where Findlay booked a room. At this point the girl said she was feeling tired but later on in the evening she was surprised to find herself and Findlay naked in the same room.
She also recounted in court how she found herself naked and bleeding from her private parts on different occasions with Findlay's friend Zinho Latife and others in a room at Savoy Hotel.
The girl revealed that on one occasion, Findlay gave her a pornographic DVD dubbed Bwaski One to watch and on a different occasion he burnt her with a cigarette lighter on her buttock and arm after she refused to have sex with him.
Findlay was put on his defence after Magistrate Phiri found him with a case to answer on all the charges against him.
When the matter came up for defence on February 22, 2008 Findlay opted to remain silent and called seven witnesses.
In passing judgment, Magistrate Phiri said the onus was on the prosecution to prove their case beyond reasonable doubt.
She said she would acquit the accused person if she had any doubts after considering the case.
She added that for her to establish the guilt of the accused person on the charge of rape there was need for corroboration on some aspects to avoid the dangers of false complaints and that the ingredients of the commission of the offence of rape needed to be satisfied.
Magistrate Phiri cited the ingredients that needed to be satisfied on the first count as proof that Findlay had unlawful carnal knowledge with the girl without her consent.
She established that the evidence of all the prosecution witnesses did not corroborate with that of the girl and that the girl told her neighbour that she had a dream where she found herself naked with Findlay but never told her that the ordeal actually happened.
Magistrate Phiri noted that although the girl rightly identified Findlay, the doctor who examined the girl testified that the findings were inconclusive and that there was nothing to suggest the commission of the offence.
She said there was no evidence that the drink that Findlay gave the girl was doctored as no drink had been brought before court to prove the claim and that the girl was fully conscious when she saw Findlay book a room.
Magistrate Phiri was surprised at the manner in which the arresting officer turned a blind eye to all the other incidents where the girl was raped by the many men she mentioned.
She noted that the friend to the girl appeared not to know Findlay and pointed at somebody else during the identification parade.
It is on this basis that she acquitted Findlay on the charge of rape.
On the second count of possession of obscene material, Magistrate Phiri explained that to establish the guilt of the accused person, there needed to be proof of actual possession or constructive possession where the obscene material was with someone else but from the accused.
She ruled that the obscene material did not have any impact on the girl since she testified that she never watched the film.
Magistrate Phiri said she could not ignore the note attached to a letter the girl wrote to her grandmother talking about shooting a pornographic movie in Kitwe.
She observed that the arresting officer did not do his job by investigating the pornography matter so as to ascertain whether or not there could be a source of the pornographic film.
Magistrate Phiri also acquitted Findlay on this charge.
On the last count of assault, she found Findlay guilty saying the medical report showed that the girl had burns and the description of the house where Findlay burnt her after she refused to have sex with him matched the house where she led the court.
Magistrate Phiri dismissed as concocted, the story by Findlay's witnesses that on the material day they had visitors and there was no way the girl could have gone there.
She ruled that the girl knew the house very well, an indication that she had really been there.
In mitigation, one of Findlay's lawyers, Paulman Chungu said he was a first offender.
Chungu said Findlay and the girl clearly knew each other and the circumstances leading to the assault were unfortunate.
Chungu asked the court to exercise leniency saying the assault was not fatal.
Magistrate Phiri fined Findlay K5 million failure to which he is to face nine months imprisonment.
Findlay, who said he was happy that he had been acquitted on the charges that were very serious, paid the K5 million cash immediately.
However, Findlay said he could not comment on the assault charge as his lawyers had advised him not to.
Commenting on the judgment, the relatives to the girl said it was unfair and that rich people always got away with crimes.
There was near drama when the visibly distressed grandmother to the 16-year-old girl said she was going to reveal everything, as she had been quiet for a long time.
She was however whisked away by one of her other relatives.
But one of the defence lawyers Eric Silwamba said he was happy that the judgment vindicated their plea of innocence on behalf of Findlay.
On the assault conviction, Silwamba said they would study the judgment and obtain instructions later.
And Silwamba explained that he was not in court when judgment was being delivered because he was in the High Court library. “I was in the library strategising because we went to court with an open mind”, he said.
Labels: COURTS, TERRENCE FINDLAY
Read more...
MMD NEC to decide Findlay, Moonga's fate
By Noel Sichalwe
Monday April 21, 2008 [04:00]
MMD deputy national secretary Jeff Kande yesterday said the party was satisfied that it has genuine disciplinary cases against suspended National Executive Committee (NEC) member Christine Moonga and Copperbelt provincial chairman Terence Findlay. Kande said the final decision on the two disciplinary cases would be made on May 6, when the NEC sits to review organisational matters of the party.
He said Moonga's case had been referred to an ad hoc committee, which would submit a report to NEC before the scheduled meeting.
Kande said Findlay's disciplinary matter related to his statement that MMD was not a party for President Mwanawasa's relatives while Moonga's case was based on her statement that President Mwanawasa was practicing nepotism.
"So far, we are satisfied that they are genuine cases," he said.
Kande said the party leadership was forced to take disciplinary cases against the duo in accordance with party regulations.
He refuted insinuations that the MMD was protecting President Mwanawasa by disciplining whoever spoke against nepotism in the party.
"President Mwanawasa is not interested in disciplining people but there are regulations that require us to enforce discipline," he said. "It is just like in a home, when your child is insulting you, you should discipline that child," said Kande
The MMD's NEC suspended Findlay late last year while Moonga was suspended early this month.
Labels: CHRISTINE MOONGA, MMD, NEC, TERRENCE FINDLAY
Read more...
Findlay hits back at Shakas
By Patson Chilemba, Masuzyo Chakwe, Lambwe Kachali and Fridah Z
Friday March 28, 2008 [03:00]
SUSPENDED MMD Copperbelt provincial chairperson Terence Findlay yesterday hit back at Jonas Shakafuswa saying he is a "bad seed" who must be rooted out of the party and the government. And the women movement yesterday petitioned President Levy Mwanawasa over Shakafuswa's remarks against women with one of their placards reading: "Slaughter the economy, not women".
Meanwhile, Chikankata UPND member of parliament Munji Habeenzu has formally written to Speaker of the National Assembly Amusaa Mwanamwambwa over the verbal attack by Shakafuswa.
Commenting on Shakafuswa's threat to beat Habeenzu over his statements that members of parliament had turned Parliament Motel into a brothel, Findlay said Shakafuswa's outbursts had caused injury to many people.
Findlay said it was unfortunate that Shakafuswa kept on threatening people.
He said it was more worrying that he extended his harsh language to the women.
"I've been vindicated now that his outbursts are a problem to people.
People can see that I've done nothing wrong. It's him who is being a problem. Bad seeds like Shakafuswa should not be in the party and government," Findlay said. "I'm advising the party leadership that there is a bad seed in that. He's a small little boy in the party."
And the women who assembled at Cabinet Office carried placards with messages demanding the removal of Shakafuswa from his position as deputy minister finance.
As the women were chanting anti-Shakafuswa slogans, the police informed them that they had no right to demonstrate because they had no permit.
But the women said they were not demonstrating but merely petitioning the President.
NGOCC executive director Engwase Mwale said the women were not breaking the law but merely trying to raise concern and ensure that Zambia had quality leaders.
Mwale said the issue of forgiveness was one thing and the type of role models the country should have was another.
Among the organisations that attended include NGOCC, Women for Change, Zambia National Women's Lobby and Young Women Christian Association, Empowerment of Prisoners' Wives and Children, Young Women in Action, Lusaka Muslim Women, Zambia Federation of Women in Business.
And in the petition that was handed to Vice-President Rupiah Banda, the women movement demanded for the immediate removal of Shakafuswa from leadership for his lack of respect towards women.
"The minister's derogatory remarks abrogates the spirit of ensuring a just world for the women of Zambia. We are further concerned that the remarks are a drawback on the strides that Zambia has made towards addressing the HIV and AIDS pandemic.
We are concerned Mr President that the contribution that you have made to the progress for gender equality in Zambia, will be negated by the retrogressive actions and statements of your ministers," they stated.
They expressed shock that a leader at the level of minister could express such unbecoming language against women and promote the use of Parliament as a brothel for leaders who have the 'money' to spend.
The women noted that the HIV and AIDS pandemic had hit women more than men due to their low social-economic status that prevented them from making sexual decisions to an extent where they were victims of sexual abuse and exploitation.
And in his letter dated March 27, 2008 and addressed to the Speaker Mwanamwambwa, Habeenzu stated that he and his family were now living under extreme stress and fear, as they did not know when Shakafuswa would execute his intentions.
"On the night of Thursday 19th March 2008 at about 22:45 hours, I went to the Speaker's bar. Upon my arrival, Honourable Jonas Shakafuswa M.P started hurling insults at me in presence of so many Honourable members of parliament and civil servants.
Notable among those that were present were Hon Moses Muteteka M.P, Honourable Vincent Mwale M.P, Honourable David Matongo M.P, Hon Douglas Syakalima M.P, Honourable Toddy Chilembo M.P, Honourable Garry Nkombo M.P, Honourable Clever Silavwe M.P and Honourable Paul Sichamba M.P. Sir, unfortunately, also present at the Honourable Speaker's bar were a number of journalists from various media houses," the letter read in part.
"Honourable Shakafuswa verbally assaulted and physically intimidated me, accusing me of having caused discourse at his home by the manner in which I debated the Ministry of Health vote more than 10 days prior to this incident. In my debate on the floor of the House, I never referred Parliament Motel as a brothel in the manner that Hon Shakafuswa strongly suggested in his verbal assault against me.
Further to this unfounded accusation, he insisted that these activities must be left to those people who have got money to pay for sex and that since I was poor, an idiot and an imbecile, if I continued debating in the manner that he accused me of, he would resort to beating me up."
Habeenzu stated he was surprised and still remained in a state of shock at the manner Shakafuswa behaved.
"Sir, before I could even ask why I was being accosted in the manner that the deputy minister conducted himself, Honourable members who included Hon David Matongo, Hon Moses Muteteka requested me not to respond and to leave.
I obliged and Hon Vincent Mwale led me out of the place. Mr Speaker, I now wish to know through your office as to why the Honourable deputy minister elected to harass and threaten me over an issue that I debated on the floor of the House 10 days later in the bar.
I am humbly seeking your indulgence, Sir, that this matter is addressed in order for my family and I to continue enjoying freedom of speech, association and most of all liberty," stated Habeenzu.
And United Party for National Development (UPND chairperson for women affairs Masela Chinyama said she felt for Florence Shakafuswa in her pain as "a victim of the husband".
Chinyama said there were a lot of women today who could say with a clear conscience that they had not been to bed with any other man except their husbands. "I am one of them," she said.
Labels: SHAKAFUSWA, TERRENCE FINDLAY
Read more...
Police arrest Findlay
By Namakau Nalumango and Zumani Katasefa in Ndola
Tuesday July 24, 2007 [04:00]
POLICE in Ndola yesterday formally arrested and charged MMD Copperbelt chairperson Terrence Findlay with rape, occasioning bodily harm and unlawful distribution of pornographic materials. Police spokesperson Bonny Kapeso confirmed Findlay’s arrest.
Kapeso said Findlay was arrested and charged under the Penal Code Chapter 87 section 132 of the laws of Zambia for assault occasioning bodily harm on a girl below the age of 16.
“The offences are alleged to have been committed between 1st May and 2nd June 2007. He is charged on three grounds and has since been bonded and he will appear in court tomorrow (today) at the Ndola magistrate’s court,’’ he said.
Kapeso said police summoned and subsequently arrested and charged Findlay at Ndola police division headquarters at about 10:00 hours. Police sources indicated that Findlay was charged with rape because he allegedly had a relationship with the girl who is suspected to be below 16 years and that he allegedly used force to have carnal knowledge of her.
Findlay refused to give any comment when contacted after he was formally arrested and released on bond. Sources also indicated that Findlay was calm.
Police in Ndola had been investigating Findlay for rape and his involvement in production of pornographic materials. Last week, an identification parade was conducted at which the girl positively identified Findlay as the person who had carnal knowledge of her, although her friend identified another man.
According to police sources, Findlay would give the girl some drinks laced with drugs to intoxicate her before having carnal knowledge of her. The sources said Findlay who was also involved in production of pornographic materials and that he used to do this in collaboration with his friend of Asian origin. 0ther sources revealed that the duo would ‘share’ the girl.
Sources said that it was discovered that the girl was being abused after her grandmother discovered pornographic tapes in her school bag.
Findlay has been expressing ignorance over the matter and at one point even accused The Post of tarnishing his image.
Labels: COURTS, MMD, TERRENCE FINDLAY
Read more...
Step aside, Teta asks Findlay
By Patson Chilemba and Zumani Katasefa
Thursday July 19, 2007 [04:00] P
MMD spokesperson Benny Tetamashimba has asked the party’s Copperbelt chairperson Terrence Findlay to step aside from his position until the defilement investigations against him are concluded. Meanwhile, Findlay yesterday accused The Post of tarnishing his image. And police sources in Ndola have revealed that Findlay is also being investigated for production of pornographic films. In an interview, Tetamashimba urged Findlay to save the party’s image by stepping aside.
“These are immoral things. MMD is not a bad party but there are individuals who are bad. We in the party should start having morals. The normal thing is to step away from this position. In my view, if a leader is being investigated with serious offences, they should help MMD by stepping aside,” Tetamashimba said. “It’s not just Findlay; anybody who has cases that puts the name of the party into disrepute should step aside.”
Tetamashimba said defilement investigations against Findlay were painting a negative image on the credibility of the MMD.
“This is painting a bad image on the credibility of the party. In your headline you are saying MMD chairperson and not Findlay the businessman. You are connecting MMD to Findlay, he’s not only MMD Copperbelt chairperson but also a businessman,”
Tetamashimba said. “If you continue mentioning yourself as chairman, you are destroying the name of the party. The best thing is to step aside.”
Police sources in Ndola disclosed that Findlay is alleged to have defiled a girl under the age of 16. The sources confirmed they are investigating Findlay and that last Saturday, an identification parade was conducted and the girl positively identified him as the man who had unlawful carnal knowledge of her although her friend identified another man.
The source further said a docket has since been taken to the Director of Public Prosecution’s office for determination.
But Findlay yesterday said he was not aware about the investigations.
"I am not aware about that, I am just learning about that for the first time," said Findlay who sounded very low.
Findlay even denied knowledge of the girl adding that the story had just tarnished his image.
He wondered why The Post had decided to run the story without getting his side.
"Why do you want to get my comment when you have already published the story? I am just hearing that from you. You have tarnished my image," he said.
And police sources said that Findlay was also being investigated for production of pornographic films. They said that Findlay used to ‘share’ the same girl with his friend of Indian origin who is also based in Ndola.
The sources said it was discovered that Findlay had been defiling the girl after her grandmother discovered pornographic tapes in her school bag.
The sources indicated that Findlay has not yet been charged because investigations had continued.
Labels: BENNY TETAMASHIMBA, MMD, TERRENCE FINDLAY
Read more...
