THE State has submitted that the court should convict former Second Republican president, Frederick Chiluba and his two co-accused persons, former directors of Access Financial Services (AFS), Faustin Kabwe and Aaron Chungu on all the 12 counts they are each charged with.
The State submitted that the evidence before the court proved beyond any reasonable doubt that the accused persons committed the offences under each count in respect of which they stand charged.
This is in the case in which Chiluba, Chungu and Kabwe are charged with theft of public funds amounting to over US$500, 000.
The State submitted that the monies were paid out in favour of beneficiaries other than the Government, or deposited in private accounts a conversion, which coincided with an intention to permanently deprive the Government from use or enjoyment of the funds.
The State also submitted that according to the meaning of section 21 of the Penal Code all parties to a common unlawful purpose are liable as principal offenders irrespective of the role played in the joint enterprise.
The State proposed to deal with these counts together as the court would note that the evidence relating to these counts was largely identical.
“ This honourable court, may thus if the evidence before it warrants, convict the three accused persons either in counts one to three or counts four to six as principal offenders, even though they were not all perpetrators of the crime,” read the submissions.
Task Force prosecutor Mutembo Nchito submitted that in the above counts, Kabwe and Chungu were the principal offenders while Chiluba was an accessory before the fact as he procured the commissioned offences charged in the said counts according to section 21 (2) of the Penal Code.
He submitted that in counts seven, eight and nine actus reas in these counts occurred through the fraudulent conversion of Government funds to the Zamtrop account for the use of Chiluba’s children. [quote]
Mr Nchito submitted that Chiluba was liable to be convicted as a principal offender either on the basis of the principal of joint unlawful purpose with person here not indicated or for procuring the offence in counts seven to nine.
“The evidence before this court is that, that was a Government account and that all the monies in it ought to be treated as such, we wish to stress that the payments to Chiluba’s children were made out of the Zamtrop account, the defence ought to show that monies paid to his children were private sources,” read the submissions.
And in counts 10 through to 12, the State submitted that the transactions involved in these counts were similar to those involving counts one to six in that each transaction was a perfect replica of the others.
He submitted that at the time the conversion of the funds took place the accused persons intended indefinitely to exclude the Government from enjoying its rights to the monies alleged to have been stolen.
“The fact that Kabwe and Chungu did not want to keep a ledger at AFS to replicate the ledger at Meer Care and Desai, the State submit that the action of the two indicated that they did not want these transactions to ever come to light since stolen Government funds were laundered through this account,” he stated.
The State submitted that the circumstances in the case revealed a joint unlawful purpose between Chiluba and his co accused persons as there was clear intention to divert Government funds to procure properties for Vincent Malambo and Eric Silwamba by Chiluba as promises although he might not be directly involved in actus reas.
Earlier, Chiluba had submitted that the case be dismissed because it appeared to be novel and mere fiction.
Chiluba said this in his final defence submissions filed in court by his lawyers, Robert Simeza and John Sangwa. Judgment has been set for July 20.
[Times of Zambia]
Lock them up
Hmm, this is getting interesting if not embarrassing for the state. Do you mean all that noise, lifting of immunities and painting Chiluba as the big thief Zambia has ever had was just for $500 000 dollars? And how much has the state spent in legal fees on this case.
I think Chiluba would walk come july 20 based on this so called evidence and he will go on to claim his 8 million dollars and Regina’s conviction will be quahsed and FTJ and his second wife will move to Bahamas and live on 8 million dollars and be happy for ever after. Nice fairly tale trade the govt took us on.
I hope that Justice is served. I wouldn’t hold my breath though.
The verdict should be pretty much obvious but then again with our judicial system its touch and go. I hope the judiciary vindicates itself well.
The beauty about the law is that theft is theft. You can steal millions and get away with it, but the sentence may be as bad if you are convicted for stealing only thousands.
I think we will have the nonesense of suspended sentences based on health grounds etc.
Cage him as soon as possible. By the way, what is happening to the Zambia WatchDog?
ain’t gonna happen. will walk away scott free like so many do. Too many “connections” with “the powers that be” I concur with Simon: “don’t hold your brreath!!
Can the ‘learned’ lawyers on the blogg tell me something. Can it be possible for the court to convict Fred in the absence of signed documentation on his part and the fact that he did not take part in the actus reas? Help.
Dont even raise your ears. This Tiger fish will never be jailed.
Nchito is the CROOK! How can this thief still cast stones at others!?
This case will never end
#8 Lusaka1, dont you think you are being a bit too harsh? Ati shani? Nchito eshani?
its the “Kaleya mateo” story as usual.
Ba Moze.To answer your question, my understanding is that Chiluba can be convicted in the Absence of his signature giving instructions. The prosecution had a number of cases against chiluba, including larger amounts of money, but they had to prioritise based on which one had the strongest evidence. “The State also submitted that according to the meaning of section 21 of the Penal Code all parties to a common unlawful purpose are liable as principal offenders irrespective of the role played in the joint enterprise.” Chiluba himself has said he has $8.5 million in the Zamtrop account. The job of president does not pay that much, and he would struggle to show the source of those funds and to show if he had paid ZRA tax on it.
…..what a waste of time!
Lusaka 1 #8. Nchito may be a “crook”, but two wrongs dont make a right. We need to move away from such attitude. Nchito’s time will come, believe me. We need to separate individuals from institutions. Nchito is representing the Director of Public prosecutions and not himself when he steps into that court room. Nchito will leave, the institution will always be there.
$500,000.00 compared to what we have spent on task force specifically established to investigate Chiluba, i think what iam seing is a total joke.
there goes more tax payers’ hard earned money!!!!
What ever we say here has no bearing. The out come of this case depends on one man and you all know who. Just last week the one had defy all opinion and went on to do the unthinkable. What we need is a new broom although it may not know all the corners, otherwise we shall be dancing to forced tunes
#4 Simon I like the simjplicity in your statement. Indeed “theft is theft” as you put it but the irony is that you will find enough examples in History where theft has been reduced to a mere pecadillo.
We have also observed how African judges are able to call a bluff for the accused even when the evidence was overwhelming. Wait and see how FTJ walks away with a triple crown on his head and a ton of legacy… but don’t forget, I said IRONY!
Like it or not Chiluba will be free at 15:00hrs on 20th july, Sangwa and simenza put up a more clearer and astute work in their submittion than the Nchitos. They had to draw the evidence from the 2001 presidential petition on the Zamtrop account. Zamtrop account from kaunda time had two streams of cashinflows from the government and personal money which came through donations and the like. Yes any clear thinker knows that it can be a source of money laundering or what you mighty want to call fraud but how do you explain the unaudited money at “office of the president”? Dont accuse the judiciary, the sangwas did a good job. Chiluba will be given a lot of responsibilies by RB to restore his image both local and international. VJ/FTJ Vs HH/Sata, will the pact win?
#12 Simon says, thanks a lot for that explanation. I tended to think that the case would be much stronger with signatures available, but like you rightly put it, theft is theft! Thanks again. I guess its now much clearer.
Abena Zambia ta twaba serious
This chiluba’s case has been a marathon case so its now time chiluba got banged in jail.No one is above the law!
can someone on the blog kindly avail me with the contacts details for patriotic front representatives in rsa or the secretariate in zambia
we are watching the Judiciary very closely.
Please, forgive Mr Chiluba FTJ (Hon Doc, Malawi) as a first offender.
However, if it happens that Mr Chiluba is jailed, I am appealing to the President RB Banda to forgive him using his President prerogative powers for Mr Chiluba will have been a first President of Zambia offender. The Brother Chiluba FTJ has suffered enough since about 2001 up to now which is equivalent to a jail sentence.
Have a blessed day you all.
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1P 3 + KJV Bible:
15 But sanctify the Lord God in your hearts: and [be] ready always to [give] an answer to every man that asketh you a reason of the hope that is in you with meekness and fear:
16 Having a good conscience; that, whereas they speak evil of you, as of evildoers, they may be ashamed that falsely accuse your good conversation in Christ.
“Because I have seen the mountaintop… I may not get to the promised land with you, but I want you to know tonight that we as a people will.”
The gullibleness of some Zambians is of a lunatic grade. Someone steals millions from you and you wish him well, what degree of stupidity in this? The courts freed a guilty Dora, health workers have crippled the health system. If Banda thinks Chiluba can dribble the system and walk away, its the end of both the judiciary and also his presidence. Enough stupidity is enough.
Chiluba is a known thief from the time he worked for CABS where he stole a form 2 certificate, NUBEGW where he stole their money as ZCTU Chairman general. Everybody knows that the ka man stole govt money using the zamtrop account and his crooked spy master Xavier kabolala Chungu. If it were in civilised countries where circumstatial evidence was admissible, then this little thief would have been caged a long time ago. However, as it stands, and given the incompetence of the RB administration, this thief will get awaty with it. Shame but he is nevertheless shamed. His Children WILL NEVER enjoy life in Zambia. And this is a fact he will have to live with for years to come. Crime doesn’t pay!!!
To laugh often and much; to win the respect of intelligent people and affection of children; to earn the appreciation of honest critics and endure the betrayal of false friends; to appreciate beauty, to find the best in others; to leave the world a bit better, whether by a healthy child, a garden patch or a redeemed social condition; to know even one life has breathed easier because you have lived. This is to have succeeded
#25 HABUPAMPU- Good suggestion, but the whole thing has become as boring as ZNBC TV
Let’s observe ka Kafipi’s behaviour and RB’s reaction to Chiluba’s case in the next coming weeks. Very soon Kafipi and RB will start meeting and attending the same functions. Mind you, MMD is looking for any one who could be of help in riggig the elections. They are quite confident, despite being failures, that they’ll win. Instead of trying, for once, to just do the right thing by letting justice alone prevail in Chiluba’s, so that peole can have a bit of confidence in MMD, RB will again try to use his powers and keep quiet as if nothing has happened. Kafipi will nor go to jail. Not as long as RB is in power!! MMD does not care about how we would feel as a people of Zambia about Kafipi being free even when he’s not supposed to be. All they want is to win and stay in power and…
All these will go no where. Chiluba is free. Mark my words people. They will not jail Chiluba coz they are fearing that come 2011 they be in as well. So chiluba will be free soon. It is Zambia.
29 Deja Vu greetings and you are right on “#25 HABUPAMPU- Good suggestion, but the whole thing has become as boring as ZNBC TV” and this why I would like the brother Chiluba FTJ to be forgiven. Sehr geehrte Kolleginnen und Kollegen (Dear colleagues), this case is no longer interesting or useful and hence my suggestion. I believe this is why late Pres. LP Mwanawasa was willing to forgive Chiluba on conditions.
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1P 3 + KJV Bible:
15 But sanctify the Lord God in your hearts: and [be] ready always to [give] an answer to every man that asketh you a reason of the hope that is in you with meekness and fear:
16 Having a good conscience; that, whereas they speak evil of you, as of evildoers, they may be ashamed that falsely accuse your good conversation in Christ.
I honestly do not see the state arguing the case agresively as to counter the claims that FTJ raised. They are just sticking to what they already have gone through which FTJ counter claimed
What has this story got to do with latest sports results anyway???
is mutembo still active after all the investigations against him concerning zambian airways, post….????? the govt has spent too much on this case…its becoming useless and costly now…my opinion
Jail Him!!.He has too much freedom outside prison.He is a criminal
How long before we hear the vedicate.?
Nchito still prosecuting yet Zambian Airways dipped its fingers in publc money.ooohhh Welcome to Zambia