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Zambia: FJT's Lawyers Describe Nkole Contemptous
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The Times of Zambia (Ndola)
13 May 2008
Posted to the web 13 May 2008
Ndola
FORMER Republican President, Frederick Chiluba's lawyers want Task Force on Corruption chairperson, Maxwell Nkole cited for contempt.
The lawyers have applied to have Mr Nkole cited for contempt of court for commenting on matters before the court.
Chiluba and Access Financial Services (AFS) directors, Faustin Kabwe and Aaron Chungu are charged with stealing public funds from the ZAMTROP intelligence account. They were found with a case to answer and subsequently put on their defence.
Mr Nkole was last week quoted as having said that Chiluba and others accused of plunder of national resources would have the proceedings dropped if they surrendered the money that was stolen.
Chiluba's lawyers, Robert Simeza and John Sangwa yesterday urged Lusaka High Court deputy registrar, Jones Chinyama to summon Mr Nkole to show cause why he should not be convicted for contempt of court.
Mr Simeza said the remarks made by Mr Nkole lowered the authority of the court and it was, therefore, inevitable that an explanation should be given.
He submitted that the remarks indicated that as far as Mr Nkole was concerned the accused persons stole the money, over which they stand charged and appearing before the court.
Mr Simeza claimed that Mr Nkole, who was a qualified lawyer and prosecuting the accused persons, raised the issues three days before they started their defence in court and that the statement should be taken seriously.
Mr Simeza said the statement was timely, meant to prejudice the accused's defence and undermine the proceedings in court.
He said the remarks would have been excused if they were from someone not connected to the proceedings.
And Mr Sangwa told the court that Mr Nkole's pronouncement indicated that he had no respect for the court as a person and as a judicial officer.
He said the court had to protect its integrity, assure accused persons that they would have a free and fair trial and that the court was the final decider in the case.
Mr Sangwa submitted that the defence did not expect another warning from the court but assurances that the matter was not just a shadow whose outcome was already known by Mr Nkole.
But State prosecutor, Mutembo Nchito said the issues were raised against someone that was not in court and therefore he needed to consult and make his reply today.
Earlier, in opening the defence, Kabwe, 58, told the court that he was not directly involved in the operations of the Meridian BIAO Bank.
Kabwe, who gave his qualifications and how he joined the accounting profession, gave a history of how the owners of Chibote Group of Companies asked him to relocate to the
United Kingdom (UK) to support financial services from that end.
He recalled that group chairman, Andrew Sardanis was committed to empowering Zambians in the financial businesses and that Kabwe's role in the Meridian Bank was to look at how it would be financed.
Kabwe told the court that he had no direct role in the Meridian Bank although he had shares like any other senior officers.
The court heard that Chibote Group of Companies and Meridian Bank were separate entities but had a common ownership.
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Kabwe said former Bank of Zambia (BoZ) Governor, Dominic Mulaisho invited him from New York to try and save the Meridian Bank Zambia from the difficulties it was facing.
He, however, said because of the intense pressure and signs of fatigue that he showed, he temporarily asked to take leave and in his absence the crisis at Meridian Bank deteriorated.
The matter continues today.
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