21 January 2008
Ndola — THE State has urged a Lusaka magistrate's court to convict Second Republican President, Frederick Chiluba and two others charged with 12 counts of theft committed between 1998 and 2000.
Chiluba and Access Financial Services (AFS) directors, Faustin Kabwe and Aaron Chungu were charged with theft after they allegedly stole public funds from the ZAMTROP account.
In the charges among the amounts that were allegedly stolen included U.S.$50,000, $125,000, $148,000, $123,980.25, $27,906.48, $33,000, $205,000, K25 million and K43 million, all property of the Government of Zambia.
In the submissions for case to answer, the State submitted that a case to answer had been established with respect to all the accused persons and in each count in which all accused were charged.
State prosecutor, Mutembo Nchito submitted that it was clear that all monies deposited in a Government account were the property of the Government and that Kabwe and Chungu were principal offenders while Chiluba was an accessory as he procured the commission of the offences.
Mr Nchito stated that section 21 (2) of the Penal Code stipulated that a secondary part who procured the commission of an offence was liable for the commission of the full offence, even if the perpetrator himself may not be and that such a person could be tried, convicted and punished as a principal offender.
The State submitted that some of the transactions relating to Kabwe and Chungu were carried out in the name of AFS and did not exonerate the persons who instigated these actions.
Mr Nchito submitted that the evidence before the court afforded a prima facie case and that the State proposed that with the evidence in court, any reasonable tribunal might safely convict.
He said the State had demonstrated that all the elements of the offence of theft were present and submitted that the prosecution evidence remained undaunted after cross-examination by the defence.
The State submitted that each transaction was a perfect replica of the others as it was a perfectly oiled machine personified by Chiluba, Kabwe, Chungu, former Zambia Security Intelligence Services (ZSIS) chief Xavier Chungu and others unknown that knew what they were doing and how they would effectuate their design.
It was established that some of the monies that found their way into the Zamtrop account from private sources where in fact constitutive of Government funds that had been laundered through an international company called Wilbain Incorporated.
Mr Nchito submitted that the monies were paid out in favour of beneficiaries other than the Government or deposited in private accounts, which coincided with an intention to permanently deprive the Government from use or enjoyment of the funds.
He stated that Chiluba, acting with the former ZSIS chief and others unknown, procured the commission of crimes he was charged with and that the inference was irrefutable as his involvement in these transactions was established by the document admitted into evidence where a bank official was required to pay $6,000 to one of his children.
"The fact that the monies were paid to and on behalf of Chiluba's children, the Government was permanently deprived of these monies and the fact that these monies were paid out of a Government account was evidence of theft," submitted the State.
Mr Nchito noted that from the testimony of the State witnesses, the two properties that were intended for lawyers Vincent Malambo and Eric Silwamba, who represented Chiluba in the presidential petition, were first bought through a company called ZAMDELL.
He submitted that it was a clear ploy intended to distance the properties from the ZAMTROP monies that were used to purchase them and that it was always the intention of Chiluba, Kabwe, Chungu and Chungu to defraud the Government by disguising the source of funds used to procure them.
The State submitted that the supreme court had ample opportunity to consider the question of immunity, and that the court determined that Chiluba was fit to stand trial, having his immunity lifted by Parliament.
Mr Nchito said all the witnesses called by the State adduced reliable and cogent evidence upon which any reasonable tribunal might convict the accused persons.
He stated that all parties to a common unlawful purpose were liable as principal offenders within the meaning of section 21 of the Penal Code, irrespective of the role they played in the joint enterprise and that Kabwe and Chungu were liable to be convicted as principal offenders, should the court arrive at a finding that the evidence before it warranted such conviction.
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I think its important that African leaders know that corruption is very bad. I want Chilube convicted to serve as example to other leaders......Chuks, Nigeria