14 May 2008
Ndola — AN application by former President Frederick Chiluba's lawyers to cite Task Force on Corruption chairperson, Maxwell Nkole, for contempt of court was yesterday dismissed by a Lusaka magistrate's court.
In his ruling, Ndola High Court registrar, Jones Chinyama, said the law required that contempt proceedings were brought before another court to save time.
He advised the lawyers that it would be appropriate to take such applications before a different court to avoid derailing the proceedings.
This is in the case in which Chiluba, Access Financial Services 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.
On Monday, lawyers Robert Simeza and John Sangwa urged Mr Chinyama, sitting in the magistrate's court, to summon Mr Nkole for contempt for commenting on matters before the court.
Mr Nkole was 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.
In response, State prosecutor, Mutembo Nchito, said Mr Nkole was invited to a discussion forum on Radio Phoenix and that the programme did not discuss the matter before the court.
Mr Nchito explained that Mr Nkole was asked to state the position of the Task Force on Corruption on the Carlington maize transaction over which the former head of State had been summoned.
He said there was no contempt committed in the discussion programme and that it was regrettable that the defence team felt Mr Nkole discussed the case before the court.
Mr Nchito submitted that it was also regrettable that an impression was created that there was an attempt to influence the proceedings and apologised to the court.
And in his continued defence, Kabwe told the court that the collapse of the Meridien Bank was a traumatic experience, especially for depositors.
He said an incident in which former Foreign Affairs minister, Mundia Sikatana, claimed that Meridien Bank had hidden US$90 million in the Bahamas confused many people because it was not true.
Kabwe narrated how he returned from New York in the United States of America to establish a business in the financial sector with his wife who later took over shareholding of the company.
He said the proposed name of the institution was AFS and that it satisfied the conditions set by the Bank of Zambia for granting of a licence.
The court heard that Chungu was also a partner in the business while former Zambia Consolidated Copper Mines chief executive, Francis Kaunda, was the board chairman.
Other members were Mr Jean Pierre Rosan of France, a Mr Munthali and a Mr Shamutete.
The hearing continues.
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