Norma Kapata
25 August 2007
Lusaka — THE State yesterday entered a nolle prosequi in a case in which Second Republican President, Frederick Chiluba's wife, Regina was charged with nine counts of being in possession of stolen or illegally obtained property.
A Ndola Magistrates Court has since ordered the property in question which included four vehicles, real estate, a 61-inch Toshiba colour television set and K474 million suspected to have been acquired with Government funds to be restored to Mrs Chiluba and her bank accounts reactivated.
Anti Corruption Commission (ACC) prosecutor attached to the Task Force on Corruption, Dennis Simwinga, made an application to discontinue the case through a nolle prosequi just before Ndola Principal Resident Magistrate, Chilombo Phiri, could deliver her ruling in the matter.
Mr Simwinga said he was making an application on behalf of the Director of Public Prosecutions (DPP), Chalwe Mchenga.
Mrs Chiluba's lawyer, Robert Simeza, however objected to the application of the nolle prosequi saying the State was malicious in its prosecution of the case and had abused its powers.
"We seriously oppose this application on grounds that it's not competent for the DPP to enter a nolle at this late hour after they have closed their case and a ruling is about to be delivered.
"It was open to the DPP to discontinue prosecution before they closed the case and this is a classic case of abuse of the Court process which should not be allowed," Mr Simeza said.
In response, Mr Simwinga said Mr Simeza was aware that the law empowered the DPP to discontinue a matter at any time before ruling or judgement was delivered.
Mrs Phiri, in allowing the DPP's application, said the Court had no powers to question the DPP's action and discharged Mrs Chiluba on all nine counts.
Mr Simeza made two applications on behalf of his client, asking the Court to restore the property seized from her, which was used as exhibits.
The other application was for the court to award costs because his client had incurred great expenses in trying to defend herself.
"The State must be made to pay expenses arising from this action," he said.
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