The scheduled judgment on the appeal against conviction of former MMD National Secretary Katele Kalumba and others for corruption, failed to take off on Friday. This was on grounds that lawyers for Dr Kalumba’s two co-accused Faustin Kabwe and Aaron Chungu applied for the re-opening of the case.
Lusaka Lawyers Robert Simeza and John Sangwa told a panel of three High Court Judges that they have found information that the prosecution paid some witness to fabricate evidence on their clients Mr. Kabwe and Mr Chungu.
Leading the onslaught, Mr Simeza submitted that the High Court has jurisdiction to re-open the case if the affected accused have no alternative remedy. But Deputy Chief State Advocate Patrick Mutale argued that the Criminal Procedure Code-CPC does not stipulate that cases heard, can be re-opened.
Mr Mutale notes that there can be no finality to appeal cases if the re-opening quest is allowed.
And Assistant Senior State Advocate Margaret Chitundu accused Mr Simeza and Mr Sangwa of attempting to have a second chance to effectively represent their clients.
Former foreign Affairs Minister Dr Katele Kalumba, former Finance Permanent Secretary Stella Chibanda, Aaron Chungu and Faustin Kabwe were convicted by the Lusaka Magistrate Court for five years, four years ago.
In April this year, the Lusaka high court set August 10th 2012 as the judgment day for former MMD National Secretary Katele Kalumba and his co-accused in a matter in which Katele Kalumba, former Access Financial Services directors Aaron Chungu and Faustin Kabwe and former Permanent secretary in the then Ministry of Finance and Economic Development Stella Chibanda had appealed against their five year sentence for corruption by the Lusaka magistrate`s court.
A panel of three High Court Judges among them Lusaka high court Judge in charge Jane Kabuka , Justice Nigel Mutuna and Judge Evans Hamaundu set 10th August 2012 as the judgment day because it was earliest date due to the commitments all the judges had
Another episode in the prime time Judicial Comedy of Zambia
Its the rule of lawyers rather than the rule of law.
I’m better off getting back to sleep
Judicial system reforms are a matter of urgency . In Zambia Prisons are not for the rich and politically connected….but only the poor get there…….
“Forces continue to conspire against justice and the poor,they have turned justice from a cherished ideal into an abused commodity,” Favouring “the few”…The promises go on!, Would PF be any different !!!!….
“Big tree fall down, goats bite he leaf”, means since PF government failed, all thieves (= Zambian) will feat.
Witch crafts in action… Mr Laptop :d
With this pro MMD panel of Judges you can be sure these guys will walk. They have to pay back the MMD what they got in favours. These chaps were all RBs and George Kundas disciples and they can not ignore instructions. Remember RB wanted FTJ and his corrupt lieutenants go scot free?
KALUMBA IS A DOUBLE EDGED SWORD, MMDPF!
As long as he aligns himself with the PF he will go scot free!
So the laptop is working…op change cnp ver 2.0
the bemba thieves on the loose soon..yangu..Zambia is in trouble..