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Zambia: High Court Urges Quick Disposal of FJT Case
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The Times of Zambia (Ndola)
6 May 2008
Posted to the web 6 May 2008
Ndola
THE Lusaka High Court has urged parties in the case involving former Second Republican President, Frederick Chiluba and others challenging the registration of the London High Court judgement to speed up the litigation process.
And Judge Japhet Banda has declined to make further ruling on the preliminary issues raised by the respondents in the matter but that he would take the submissions into consideration during the arguments.
Mr Justice Banda expressed the concerns yesterday when lawyers representing Dr Chiluba and three others applied for an adjournment on grounds that one of their colleagues, Robert Simeza was indisposed.
He said the court was concerned at the slow pace at which the case was moving and asked counsels involved to be ready for the next sitting.
"The court is also concerned at the pace at which the matter is proceeding. Counsel for the parties know that litigation must come to an end and they must work to do that, justice delayed is justice denied," he said.
Dr Chiluba's lawyer, Bonaventure Mutale applied for an adjournment as Mr Simeza was indisposed.
Mr Mutale said Mr Simeza had been instrumental and apologised for the inconvenience caused.
But Solicitor-General, Dominic Sichinga told the court that the State was concerned at the pace at which the case was moving.
He asked the court to use yesterday's occasion to warrant a direction in the matter.
Dr Chiluba is challenging the registration of the London judgement, which had found him liable for conspiring to defraud the Republic of Zambia in the sum of US$58,293,724 with other defendants.
In the application to set aside the registration of the foreign judgement for irregularity, Dr Chiluba and others stated that he was served with an order granting leave to register the London judgement and that he was requesting to set it aside.
The respondents contended that the registration of the London judgement should be set aside because it offended the principles of substantial justice and against public policy.
There was presumption of guilt from the onset of the matter as the London judge, Peter Smith relied on statements given to police on pending criminal trials and that he was denied an opportunity to defend himself.
They stated that since matters started in 2002, he had been investigated by the Serious Fraud Office of the United Kingdom (UK), Federal Bureau of Investigations (FBI) of the United States, including another security firm, Ovag of the UK.
The respondents noted that the assertion that the action needed to be heard in London to help the attorney-general trace and recover assets bought from plundered money worldwide was a mere facade to perpetuate an action whose outcome was predetermined.
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The matter was adjourned to May 29 and 30 this year.
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