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Saturday, October 31, 2020

UK Appeals Court dismissed case against FJT

Headlines UK Appeals Court dismissed case against FJT

THE UK Court of Appeals dismissed an earlier judgment delivered by High court judge Peter Smith which found second Republican president Frederick Chiluba and seven others liable for theft of US$46million.

The judgment of the Court of Appeals of UK, the equivalent of the Supreme Court in Zambia refused to uphold the verdict of Judge Peter Smith because it had not met the basic minimum requirements for a conviction. The UK Court of Appeals described Judge Smith’s judgment as lacking basic requirements of a decent judgment.

Despite the dismissal by the UK court of Appeal, this is the same judgment which the Zambian attorney general was trying to register in Zambia to be enforced.

According to the judgment of the Court of Appeals made available to the Times of Zambia, Lord Justices Tuckey, Lloyd and Lawrence Collins ruled on July 31, 2008 that the verdict by Judge Smith did not meet the minimum standards of a court trial.

Meer Care & Desai (a law firm), Naynesh Gunvant Desai and Mohamad Iqbal Meer, appealed against the judgment of Justice Smith. Meer Care and Desai, is the law firm that was alleged to have received some money from the Zamtrop account. The attorney general of Zambia was the claimant and respondent in the appeals hearing.

At the time the appeal was being lodged in UK, the same judgment was before the courts of law in Lusaka to secure its enforcement. In delivering judgment in the appeals case, the Lord justices ruled:

“We allow Mr Meer’s appeal against the judge’s finding that he was liable to Zambia in conspiracy and on the basis of dishonest assistance. We will set aside the judge’s orders against Mr Meer and therefore also against Mr Desai and the firm, in both his orders dated 4 May 2007 and 29 June 2007, and we dismiss the claim against Mr Meer, Mr Desai and the firm”.

The court also held that Mr Meer’s appeals against the orders of Mr Justice Peter Smith of 4 May 2007 and 29 June 2007 be allowed. The court also refused an application by the attorney general for leave to appeal to the House of Lords .

The attorney general was also ordered to pay costs of the trial to Mr Meer and Mr Desai and a further four fifths of Mr Meer’s costs of the appeal case. He was further ordered to pay Mr Meer a sum of 300,000 pounds as interim payment on account of costs .

In delivering the Judgment on 31st July 2010 the court stated that;

“This is the judgment of the court. It is given in relation to appeals arising from two orders made by Mr Justice Peter Smith following a long and unusual trial conducted between 31 October 2006 and 27 February 2007.

By the proceedings the attorney general of Zambia, on behalf of the Republic of Zambia, sought to establish civil liability on the part of up to 20 individuals and companies, to make good losses suffered by Zambia as a result of corrupt practices during the term of office of the former president, Dr Frederick Chiluba.

The present appeals are by two of the defendants, partners in the firm of solicitors, Meer Care & Desai, Mr Meer and Mr Desai.’’

The Supreme Court dismissed the findings of the Justice Peter Smith of the High Court when he established that;

“In respect of both conspiracies the judge held that Dr Chiluba, Mr Xavier Chungu and Ms Chibanda all acted in breach of fiduciary duties owed by them to Zambia, and they were also parties to conspiracies to defraud Zambia of money both by the Zamtrop conspiracy and by the BK conspiracy.

In turn, he held that Mr Kabwe (for his part in both conspiracies) and Mr Soriano (as regards the BK conspiracy) were in breach of fiduciary duty and had dishonestly assisted the breaches of fiduciary duty on the part of the primary conspirators, as well as participating in more specific conspiracies relating to the sums which they received or controlled.”

He ordered them to pay US$46million deemed to have been defrauded from the republic of Zambia.

The attornery general sought to register the judgement of Judge Smith in the Zambian courts for it to be enforced.

But on Friday 13th August 2010, High Court Judge, Evans Hamaundu refused to register the London Judgment citing the absence of laws to support such an action.

[Times of Zambia]

116 COMMENTS

  1. Personal battles should never again in the history of this country be nationalized and flawlessly turned into costly enterprises on the Zambian tax payer while upstart lawyers are making a conspired killing. Those hate group who are now found discombobulated should report back to their erstwhile masters that Zambia is not a testing ground of hatred. Alternatively they can all shove off with Sata to Taiwan next year where he is has pledged to seek asylum.

  2. This case is substantially a flawed case triggered by irresponsible emotional behavior, short temper, malice, hatred, insecurity and imperialistic mindset of muzungu anikonde. It has every trait of inferiority complex on those that had given themselves that by selling a Zambian soul, the imperial powers would dress them with an identity they lacked. Since when did Britain forfeit its sovereignty to a foreign country for Zambia to buy disgraced Smith’s conspiracy theories on our head of state 45 years on after independence?? This is why national leadership qualities say excessive love for praise in a leader is inimical to a nation state.

  3. what i don’t understand is that why should a case that was commited in zambia by a zambian be taken to UK courts?..i would understand if its international court of justice,……..much as chiluba ‘is/was’ a chief, mwanawasa was not saint.

    black people..black people! muzungu anikonde:o:o:o:-?

  4. If ever we had such imperialistic slave mentality in the struggle for independence, we could have been still been a colony following the Berlin conference.Zambia need selfless citizens who can challenge this imperialistic conspiracy whether coming from those who are preponderant or not.

  5. I challenge even the most deluded troll here on this flawed case to take me on when i say” this aborted hate crusade has been a classic poor value for money designed and ratified a conduit of plunder meant to benefit a carefully recruited cartel of conspirators”. Nothing in it has been of national good. It should be trashed with contempt it deserves and beneficiaries viciously pursued.

  6. Right, the stage is set and the pathway is now clear. If anybody be it newspaper, blog or whatever you call yourselves ever dare call Chiluba a Thief in your editorials or columns or proxied articles, be assured, we are coming for you. We shall SUE YOU FOR LIBEL and We shall make sure that the damages bankrupt you and you will never ever operate again till the day you die. Don’t say you were not warned. The excuse of we have the London judgment against FTJ does not hold water any more. We are coming for you, baby with the army the best lawyers money can buy and we shall make sure you go down for eternity. You have been warned. Make sure you have enough cash to pay even for our legals fees when you cream you in the courts of law

  7. Why should a nation keep budgeting for and wasting billions of hard earned tax payers’ money on a baseless case for over 10 years when it has no value other than evoking the spirit of hatred? Smith must adjudicate on his brother Blair who has costed his country trillions of pounds on useless causes leading a Global failure than a man of God FJT Chiluba ambitiously placed his country in political and economic reforms we are building our stable country on today.

  8. This nonsensical crusade of hatred calls for selfless Zambians to stand up, tear it into pieces and bury it with its dead spirit. Time has come when saints in the kingdom and all noble selfless Zambians should debunk, expose and shred this demon of hatred that has preoccupied and costed this country substantially denying needy Zambians the progress the deserve.

  9. this was a personal battle between mwanawasa and FTJ whatever for. this case could have been heard in zambia but levy decided to take it to his discredited friend in UK judge smith. Lets learn to respect our sovereign state to hell with colonial masters to hell with LAZ and TIZ mmembe puppets

  10. Senior Citizen the thicko
    Simplified Info.
    1. The case : The missing US$46million. We all know it missing. FACT
    2. Kafupi Chiluba, Xavier Chungu and their criminal mates were managing the Zamdrop account. FACT
    3. Other convicted criminals in this case have committed to pay back the money. FACT
    In your opinion, the only reason Zambia should lose out and thieves walk free is because unmeet legal requirement.

  11. Relative Simplification
    1. Case: Senior Citizen, you exist. FACT
    2. You were conceived by some woman with the help of some damn man. FACT
    3. It is like we know who your Father is but we are having problems to pin down who your mother is, even if we looked at the 9 months before you were born.
    4. You mother is an Orangutan with a mental illness and you are also an Orangutan with a mental illness, but we still drop her off the list as your mother, just because there are so many monkeys out there and so many mentally challenged animals everywhere

  12. I think it is really time to move on from this case. We can be wallowing in the same battles setup to settle personal scores by some selfish people with a twisted holier than thou agenda to keep the country firmly rooted in the past fighting old battles when today presents many battles worth fighting whose victory will deliver the majority of our poverty striken people.

    People need to realise that there is greatness in forgiveness. Nelson Mandela is a hero today for one simple reason, he forgave and led the nation to forgive many atrocities committed against him and because of that simple act he is the best leader SA has ever had.

    It is really time to move on on this one. Enough money has been wasted on this.

  13. No.13 it is true you a Chipullbarfay, if you *****s who took the case to UK had any evidence on the matter they would have gone to the UK to try Chiluba, where there is no evidence you moron, {what facts on US$46m do you have} you can’t prosecute on hearsay

  14. #15 MMD CHIEFBOOTLICKER PIPO UNDER MWANAWASA SHUDNT THINK THEY ARE CLEAN BUT ITS BCOS LIKE MANDELA, rb HAS DECIDED TO MOVE ON AND FORGIVE THE WRONGDOERS IN THE MWANAWASA CLAN. FOR SURE IF MAUREEN IS FOLLOWED UP BY DEC AND ACC THEY WILL UNCOVER A LOT OF DEALS TOGETHER WITH MAGANDE, MMEMBE, NCHITO PLUS MANY OTHERS

  15. WHAT 46MILLION DOLLARS ARE YOU TALKING ABOUT YOU TWITS ITS ONLY IN THE EYES OF MEMBE AND SOUR GRAPES SATA. THE SUPREME COURT OF UK REPRIMANDED JUDGE PETER SMITH FOR MAKING THAT *****IC RULING. ASK MEMBE AND NCHITO HOW MUCH THEY BORROWED FROM DBZ THRU MAGANDE WITHOUT COLLATERAL. ASK MEMBE AND NCHITO SURROGATES TO MWANAWASA HOW MUCH OF NAC MONEY THEY HAVE POCKETED. ASK SATA WHY HE PUT MONEY FOR MERZAF IN HIS ACCT AT SCBZ

  16. Senior Citizen and your m0r0ns, the internet is a source of infomation.The way you m0r0ns want to spread lies is the same way poeple will learn the truth. Give substance to your excretes.
    In the final judgment Chiluba and the other defendants were adjudged to have conspired to misappropriate a headline figure of $25,000,000 under the Zamtrop Conspiracy and $21,000,000 under the BK Conspiracy. They have also been adjudged to have broken their fiduciary duties which they owed to the Republic or dishonestly assisted in such breaches (FK and AC). The conspiracy was effected because of the intimidation of government employees by defendants and maintaining that there should be no challenge to what was going on because it was all “secret operations” of the Government Security Arm ZSIS.

  17. The judge concluded that though Mr. Chiluba had a salary of only about $10,000 a year during his decade in office, he spent more than $500,000 in a single shop, Boutique Basile, in Geneva. The shop owner, Antonio Basile, testified in 2008 that payment for the clothes sometimes arrived in suitcases stuffed with cash.

  18. Just google “Judge Peter Smith meer” and you will find a report from the “Times Online” of the UK titled “Mandela lawyer wins fight to clear name over £23m fraud”. It is clear from this that the judgement was secured by Mr. Meer who was judged to have been ‘foolish’ by being duped by Austin Kabwe and Xavier Chungu. Chiluba’s ruling was not set aside, it still stands to this day! Ba Times of Zambia have it all twisted! I can’t post the link on the comments site of LT.

  19. Wamutu, each time I go to the toilet I excrete things more intelligent than you. You ignorant brainless blind m0r0n, if you lack the understanding of what has being going on, don’t look up to me to help you. Stay in your Pit latrine league.

  20. #17 Wamutu, Each time I go to the toilet I excrete things more intelligent than you. You ignorant brainless blind m0r0n, if you lack the understanding of what has being going on, don’t look up to me to help you. Stay in your Pit latrine league.

  21. I’m not a legal person, but reading between the lines… it is easy to see that while FTJ was a suspected to have stolen GRZ monies, there was undue political influence from LPM. If you a rational person it is easy to accept that until proven otherwise FTJ is innocent.

  22. The judge also said of his lawyer, Iqbal Meer “I am satisfied that no honest solicitor in his position would have done what he did.” His unquestioning acceptance of the money – transferred to a London bank account by the Zambian intelligence service – was “classic blind eye dishonesty”. The central London law firm of Meer Care & Desai handled $10m of the stolen money, which was used to fund lavish lifestyles for Chiluba’s family and friends. A second London law firm, Cave Malik & Co, was found to have illegally handled $3m.

  23. The question is where did FTJ get $500,000 he blew off on suits, what about the $8.5million still in ZAMTROOP account.

  24. Meer, Care and Desai appealled against Smith’s judgment, Chiluba couldn’t, still insisting on the illigitimacy of the London courts to try him. Nevertheless, Chiluba defrauded Zambians and he should pay back. Look at the money he spent on suits!

  25. People just move on let this case rest alot of money has been wasted this was a personal battle in which alot of people got caught up, hate will take you no were!

  26. Times of Zambia please don’t embarrass us. This was a civil case and even if Chiluba was found guilt there was no way he was going to be conviction but he was only going to pay back the money he stole. The verdict passed by the Court of Appeals in United Kingdom in favour of Mr Meer and Mr Desai did not include Mr Chiluba and Xavier Chungu and other Zambian thieves . Times of Zambia should change its name to Times of lies.

  27. Senior something………….when Mwanawasa was president u sang praises for the decision to prosecute Chiluba my question is:what do you believe in?

  28. Here are the extracts “The long-running case received wide publicity for the startling revelations of Dr Chiluba’s lavish spending. During the High Court hearing it emerged that while many Zambians were forced to survive on 50p a day, their president ran up bills of almost $500,000 at a Swiss clothing boutique, buying hundreds of monogrammed Italian suits, shirts and 72 specially made pairs of shoes. Today’s ruling by the Court of Appeal exonerates Mr Meer and Mr Desai of liability but does not affect the High Court’s ruling against Dr Chiluba.
    The judges said that while Mr Meer had been “foolish, sometimes very foolish and far from competent” and had failed to follow anti-money laundering rules, the evidence suggested on balance that he had not acted dishonestly. “

  29. SENIOR MARUBBISH. If you wee working for my company, I would fire you for wasting so much time defending what everyone know is wrong.

  30. Extracts Continued; “The judges also criticised Mr Justice Peter Smith for failing to properly assess the evidence against Mr Meer.
    Lord Justice Lloyd, delivering the judgment, said: “It seems to us that the judge failed to give adequate consideration to the possibility that Mr Meer was honest but not competent, and was not in truth knowledgable or experienced in relation to the sort of transaction with which he was faced.”

  31. To Senior Citizen and the M0r0ns, you keep asking what money. What US$46million? What m0r0n question is that? You speak like you would have seen this money on the back of a Canter Truck being driven through Cairo Road. What money, grant or loan have you physically seen coming in out of Zambia? None of you M0R0NS (CHECK THE MEANING OF THIS WORD) can give me Zambia’s budget for each year for the past 5 years. But am sure the price of Chibuka, you would give me the price rate for each month for the past 10 year.
    Take interest in your country. I have being pay tax for the past 20 years while you MORONS were busy playing with yourselves.
    Please don’t behave out like someone who was conceived by a woman who was masturbating while wearing a famaledom.

  32. Its saddening that Some people can be so easily fooled. Such as Senior Citizen and FTJ suppoerter. But be warned, another person with the calibre of Levy will come along and put justice to the People of Zambia. If you are are patriot and hate corruption, then don read the Times and Daily mail.

  33. Frederick Jockstrap Chiluba the steeling Monkey was found guilty in the U.K courts and was not absolved or aquitted in that case of guilt.

    The Judgment on the Monkey still stands and should be used in a civil trial in Zambian courts.
    To lose $46US Million just because one case fails is not the end of the frustrations of the people who REALLY own that money and want it back.

    Number 9.
    Your Idol is STILL GUILTY!

  34. Senior Citizen will support MMD no matter the topic or legal reason.

    He FULLY supported MMD taking Chiluba to court in the Mwanawasa era along with his companion Veteran.
    Now both will say it was wrong.
    It makes me think if Senior Citizen is George Kunda how he backflipped so quickly.

    Veteran says he helped vote in Levy even when he knew he was a cabbage.

    How can people believe what they say?

  35. The appeal does not absolve Chiluba and his Zambian fraudsters. Only Deai and Meer are mentioned and we dont know how the phrased their appeal. In any case has any African Country been refunded money stolen from Africa and stashed in Europe? Mobutu, Abacha, Bokasa etc banked stolen money in Europe and up to now this money has not come back.

  36. only levy in his weird reasoning wanted case tried in london using a bum of a judge no wonder the london supreme court threw out the case. imwe ba makandi with no facts why do you want to sell your country for a piece of silver. if ftj stole then why did our courts clear him in the same way they cleared chansa kabwela. can USA the country you in cleaning white pipos arses can they allow that war criminal george bush to be tried in iraq or afghanstan. think you twits and be proud of yor freedom

  37. eh ba lusaka times we ar now tired of listening to this news of kakabwalala,it the time of talking about the other development,we know as long as RB is in the office the man will be free why wasting time about this kabwalala aliba alya elyo ayanamukunya…let us move oooooooonnnnnnnn.

  38. why have people forgotten, the chiluba used to dish out cheques to organisations and groups?..am sure that account was not well managed…
    that should answer the ‘missing’ dollars question you are talking about

  39. [email protected] Please take your nose off GWB. He is the only courageous presidents on this earth. Talk about your own short ones pa zed and i guess that will bring development.In any sence, no one is trying to uphold the UK judgement but we are saying that as the court(UK) which is equivalent to our supreme court pa Zed, could have taken it on. It would be much easier & cost effective. But GK decided otherwise. UK court may not even be an appalet court! Why did GK decide to take the case of thieft in place of abuse of office which was more easier? No zambian supports westerners, we are just saying we can dot it on our own but then our leadership has infiltrated everyone including the judicial arm & LAZ is worse off than the mind of a zambian layman in as far as law is concerned. Dont be Dull

  40. @49, YOU ARE RIGHT MOST PENTECOSTAL PASTORS CAN TESTIFY TO RECEIVING MONEY. WE KNOW THEM AND THEY ARE AS QUIET AS STAGNANT WATER. I REMEMBER WHEN I WAS AT SCHOOL, ONE ACCUSED MAN amongest these thieves came to church and tithed 5M and asked the pastor to pray for him for more blessings and because he was about to stand trial over the same. The pastor prayed like DAVID in psalms 51. I was shocked and as life dictates he commited suicide a week later. We have seen these things in our eyes and am sure God knows who is a liar. PEACE.

  41. most people dont know that reason chiluba receives most of this prosecution is because maureen is a scorned woman who once slept with chiluba and got discarded very badly after which chiluba pursued regina if you think am lying just locate mr museba used to work as security protocol for chiluba he will fill you in.the problem with lenje women is they are all prozis. Even the late Lemmy Chipili knew this and thats why levy removed him quickly. ka maureen is just a chick from lubuto

  42. 15 What happens now has happened in the past, and what will happen in the future has happened before. God makes the same things happen again and again. 16 I also saw this here on earth: Where there should have been justice, there was evil; where there should have been right, there was wrong. 17 I said to myself, God has planned a time for everything and every action, so he will judge both good people and bad. 18 I decided that God leaves it the way it is to test people and to show them they are just like animals. 19 The same thing happens to animals and to people; they both have the same breath, so they both die. People are no better off than the animals, because everything is useless. 20 Both end up the same way; both came from dust and both will go back to dust. 21 Who can be sure that t

  43. Chiluba should be made accountable for this numerous thefts. I’m in Livingstone at Sun Hotel, the workers an a german tourist are laughing and wondering respectively how we have let Chiluba scot free. As Zambians we are not serious.

  44. Ukushishita pa Zed e biggest problem then mulebepesha ati twaliba peace loving, my ass !!! Mulibapakanwafye when it comes to action zeeeeeeeee !!! Ama foreigners baliminjanda nama jobs mwaikalafye zeee atase !!!!!

  45. CONGRATULATIONS FTJ FOR YOUR VICTORY,HOPE ANOTHER OPPORTUNITY CAN ARISE FOR YOU TO COME AND LEAD US AGAIN AND TAKE US TO GREATER HEIGHTS.WE MISS YOU FATHER!

  46. You did well Chiluba to spend that cash when you were in power that only comes once in a life time. Enjoy your retirement Mr. former President.

  47. oooh! upset or happy about all this law jargon, the money is gone and will never be recovered. costs vs benefits, its obvious more money will be lost than gained if this rubbish is followed up. its important to sort the mess on the handling of public funds now so that there is no repeat of this in future. also vet properly some of this criminals running for public offices…poor zambia but zambia will always be there bu these *****s are just an example of our past poor judgement on choice of leadership…we can guard against this…lets move on…come on pick urselves up:x

  48. Tikki / Dollar taliya lets move on people.#58 Zambian politics too much insala and people easily forget

  49. Thank God Mr. Titus, Kafupi, Chiluba, Mpundu, etc, you are free at last, shame on all those who thot they will cage you. You did what many of us on this blog can do, a once in a life time job-presido, enjoy the cash as long as it lasted, banked a lot for future lawyers in times of prosecution, bought clothes in advance, and made a chain of good friends in times of an eventuality to seek asylum. You are a great leader. I always enjoy reading your life style Mr. and now Dr. Chiluba, you are like Machiavelli Niccolo, in the Prince, a Mafya style from Sicily and a great modern leader who understands how to take opportunities and strike at the right time.

  50. I have learnt a lot of good things from Mr Chiluba;
    1. Take opportunities in life.
    2. Uwubomba mwibala alya ifyamwibala
    3. Serve in advance it may help you in times of going down.
    4. Be friend people when it matters and discard them when they have done their part.
    5. Women are there to be enjoyed.

  51. KAFUPI STILL A THIEF!!! READ ON…..Take note of the paragraph which reads “WE ALLOW MR MEER’S APPEAL…..WE WILL SET ASIDE THE JUDGE’S ORDERS AGAINST MR MEER AND THEREFORE ALSO AGAINST MR DESAI AND THE FIRM…..AND WE DISMISS THE CLAIM AGAINST MR MEER, MR DESAI AND THE FIRM”

    Please note that this ruling applied specifically to MR MEER AND DESAI and NOT KAFUPI WABUFI CHILUBA who OPTED NOT TO APPEAL for obvious reasons! Kafupi was not covered in this appeal and therefore the Ruling is not applicable to him. KAFUPI YOU ARE STILL A THIEF, A LAZO!!!!!

  52. #18 PLEASE, DON’T COMPARE MANDELA TO RB. THEY ARE SIMPLY NOT ON THE SAME LEVEL. YOU ARE DILUTING MANDELA’S DIGNITY.

  53. nice real picture of ka pigym when he was still at kmb. The appeal case didnt say that this midget was innocent, woooo chisenior citizen!

  54. LT, DO NOT MISINFORM. WHAT IS YOUR AGENDA? Your headline is very misleading! This is an extract from the Guardian newspaper “On 31 July 2008 the Court of Appeal overturned the High Court judgment against Iqbal Meer and Naynesh Desai. It found that Iqbal Meer did not dishonestly assist or conspire to defraud or launder money from the Zambian government. Naydesh Desai, who had been held vicariously liable by the High Court, was also cleared by the Court of Appeal”

    Lets be clear, the appeal was withheld in respect of the part played by Meer and Desai – not CHILUBA. As far as the courts in UK are concerned, Chiluba is still guilty and is to be treated as a criminal.

    Chiluba cannot open a bank account anywhere in Uk in his own name. Ask yourself why?

  55. HOW CAN THE SAME JUDGE MAKE A MISTAKE ONLY ON MEER & CARE AND DESAI, AND NOT NOT ON OTHERS. IN LAW IF YOU ARE FOR INSTANCE A WITNESS AND IS FOUND TO HAVE LIED IN PART OF YOUR TESTIMONY, IT BECOMES DIFFICULTY FOR THE REST OF IT TO BE RELIED UPON. SO IF THIS JUDGE ERRED ON THESE DEFENDANTS ITS SIMPLY DIFFICULTY TO RELY ON HIS PARTS OF THE SAME JUDGEMENT, ESPECIALLY THAT THE DEFENDANTS IN QUESTION DID NOT EVEN TAKE PART IN THE PROCEEDINGS. FOR ME I WOULD LIKE ZAMBIA TO MOVE ON AND NOT REMAIN BIKERING ON THIS ISSUE WHICH DOES NOT ADD ANYTHING TO MOTHER ZAMBIA EXCEPT TO CONTINUE MILKING THE TREASURY FOR THOSE INVOLVED IN PURSUING IT. OF COURSE THOSE MAKING MONEY OUT OF IT WOULD NATURALLY PUT UP A FIGHT TO CONTINUE WITH THIS BY MAKING PEOPLE THAT MAY BE NAIVE TO SUPPORT THEM.

  56. ”The attorney general was also ordered to pay costs of the trial to Mr Meer and Mr Desai and a further four fifths of Mr Meer’s costs of the appeal case. He was further ordered to pay Mr Meer a sum of 300,000 pounds as interim payment on account of costs. ”

    300,000 pounds = K 2,400,000,000.00.(k8000 to 1 pound)
    Its like we are losing more money chasing after this whirlwind.

  57. Lusakatimes or times of Zambia The case in the court of appeal did not free Chiluba are you blind. The case was about the knowledge of Mr Meers honesty. The court of appeal found that MR meers was not dishonest but foolish and ignorant in dispensing his duties. Chiluba still stole the money but his solicitor was the one that was freed from the conviction because he did not know Chiluba’s money was stolen. For goodness sake learn to have journalistic integrity and tell people the truth not twisting wording to make a thief sound like he is not liable. The case is online for anyone to google Attorney General of Zambia v. Meer Care & Desai (a firm) [2008] EWCA Civ. 1007 Court of Appeal 31 July 2008

  58. VJ VOTE RIGGER

    What is 300,000 pounds against $46 US Million and more?

    MMD cadres with simple brains.

  59. This article is very misleading, Chiluba has not been exornerated and had this been the case, he would have been out there celebrating now. You can see there is a concerted government conspiracy to let Kafupi off the hook, people will be excuted because of conspiracy to defraud Zambians here and especially for the MMD Government Vuvuzela General-in-Chief Shikapwanya, only time will tell because his destiny looks like facing the firing squad, for s.t.u.pi.di.ty.

  60. You guys defending Chiluba remember that your LAZO friend refused to swear when giving statements in courts. And you want to compare his st.upid lies with what sworn witnesses testified? Your ‘saint’is a theif. Just wait, our day is coming. He will taste jail!!!!!!!

  61. PLEASE DON’T INSULT US WITH THIS TRASH!! THE ELECTIONS NEXT YEAR ARE COMING. WHAT YOU ARE DOING IS WORSENING THINGS UP FOR RUPIAH BANDA. YOU *****S.

  62. Whats surprising about all this is why is there a conspiracy by the current govt to protect chiluba? What kind of agreement was entered by Chiluba and RB. If chiluba was to be convincted on Zambian soil what does RB or the MMD stand to lose? LSKTIMES if you want respect as journalists this is where you should be digging. That $46 million has a lot of benefiaries from the look of how many people are jumpingto protect this thief.

  63. The Times of Zambia……how F**kin disgusting……seriously this is as low as it can get. Honestly Journalistic integrity has limits but this is worst. Is it MuWRONGotti writing for them, coz clearly it sounds like his langauge.
    It would be unfair to your A.R.S.E. to you this hopeless nwespaper as shinda paper.

  64. #76 next move you will hear is that GRZ is planning on giving FTJ `his $ 8.5 million’ back. Ala bee atuletelela

  65. The hate crusade of Levy and some hateful Zambians with no shame. Levy waken up from sleep and forgot who did it for him! Some on the block forgot too!

  66. These people ruled on July 31, 2008 that that the verdict by Judge Smith did not meet the minimum standards of a court trial.
    Why did the Chiluba supporters wait for more than two years? Remember this is 2010!!!!!

  67. The case was between Attorney General of Zambia v Meer Care & Desai (A Firm) & Ors, Court of Appeal – Civil Division, 31 July 2008, [2008] EWCA Civ 1007,[2008]

    Introduction
    1. This is the judgment of the court. It is given in relation to appeals arising from two orders made by Mr Justice Peter Smith following a long and unusual trial conducted between 31 October 2006 and 27 February 2007. By the proceedings the Attorney General of Zambia, on behalf of the Republic of Zambia, sought to establish civil liability on the part of up to twenty individuals and companies, to make good losses suffered by Zambia as a result of corrupt practices during the term of office of the former President, Dr Frederick Chiluba. The present appeals are by two of the defendants, partners in the firm of

  68. solicitors, Meer Care & Desai, Mr Meer and Mr Desai. The `judge’s principal judgment is at [2007] EWHC 952 (Ch). All our references to the judgment are to that judgment, and references to paragraph numbers, unless otherwise stated, are to paragraphs in that judgement.

    2. Because this judgment is, necessarily but regrettably, very long, we will begin by stating the outcome of the appeals. This is that Mr Meer’s appeal is allowed, the orders against him and against the firm (and therefore against Mr Desai) SET ASIDE, and the claims against them dismissed.

  69. 3. In general, we will refer to the Claimant and Respondent in this judgment as Zambia, as if the Republic itself, rather than its official representative, were party to the proceedings.

  70. 4. The claim was put principally on the basis of CONSPIRACY to defraud Zambia and, as regards those less directly involved, dishonest assistance in breaches of fiduciary duty. The primary conspirators were Dr Chiluba himself, Mr X F Chungu, Director-General of the Zambian Security and Intelligence Services (ZSIS) and Mrs Stella Chibanda, a senior official in the Zambian Ministry of Finance. Three different conspiracies were alleged, of which two were established, both being relevant to these appeals: the Zamtrop conspiracy and the BK conspiracy. The former is much the more important.

    Before you start to rejoice….think of it as Zambia losing!!!

  71. 5. The Zamtrop conspiracy was named after a bank account, known as the Zamtrop account, held at the Zambia National Commercial Bank Ltd (Zanaco) in London. Some US$52 million was alleged to have been transferred from Government funds into this account, ostensibly so that it could be expended for the benefit of ZSIS. It was alleged that this money was in fact paid on from there to various places, including accounts of two firms of solicitors, one of which was Meer Care & Desai, Mr Meer and Mr Desai.

  72. Meer Care & Desai, themselves and not Chiluba so, you title LT is very misleading. Chiluba did not appeal this case but Meer Care & Desai who are British lawyers did!!!!!!

  73. I meant to say Meer Care & Desai were defending themselves!! Remember that Chiluba dod not appeal this case!!

  74. Alot of People are ignorant. Others on this forum are sponsored stogies and Bootlicker. Shame on you! But anyway for all those who are in support of these corruption fights, lets not give up. Victory will entually go to the rpeople who are right. The struggle continues…. Victory is certain!
    Chiluba abused his office. Period. A competent London Civil court found him libel. Period.
    All those who support him, i can bet you are beggars and hope that by supporting him, he will give them handout. Hey wake up, that your money any!!

  75. In zambia,it not about developing your country but rather your family and thus want senior citizen does.if you are really affected by wat happens in this country,u are wasting your time.This country will never change.Just join them like senior citizen, get rich with your foolishness then you will stop seeing corruption.To them chiluba didnt steal even Gearge kunda knows about it so they say even if he has changed his stance.The most foolish vice president,mpompo was rite.

  76. #30, the US$8million is what the private prosecutors (Nchito and vuvuzela mmemebe post) should have investigated the source of and if found wanting, prosecuted Chiluba on. They knew all this but decided to go on with a stupid US$500,000 charge which they could not even prove and just relied on their vuvuzela to sway judgement in their favour. How do you charge someone of stealing US$500,000 when he has told you that in that account he has US$8million of his own money? What kind of foolishness is that? I mean those prosecutors are supposed to be prominent lawyers man, the cream of Zambian lawyers. And the LAZ, where do I put them?

  77. What is imperialistic slave mentality?

    5
    flag
    Senior Citizen says:
    August 23, 2010 at 8:23 am

    If ever we had such imperialistic slave mentality in the struggle for independence, we could have been still been a colony following the Berlin conference.Zambia need selfless citizens who can challenge this imperialistic conspiracy whether coming from those who are preponderant or not.

    Complain about this comment

  78. Times of Zambia, that is what I call digging deeper proper, not that rumour shop called post. This report is of public interest and has a direct bearing on the matter at hand. By simple deductive reasoning, even if Chiluba did not appeal, one can conclude fairly safely that if he had appealed the verdict would have been similar. But for courtesy to a fellow judge, the Court of Appeals of UK all but dismissed Judge Smith as a nut. Now by law a person is innocent until proven guilty, ask LAZ they should know this simple fact at least. The burden of proof rests on the prosecution, and if there is any shade of doubt, the judge will acquitt. And in a country of civilized people, not monkeys and crocodiles, we have no right to call that person a thief but respect the judge’s decision.

  79. Fact 1. LT should seriously advertise for Jornalists. I know a few guys who are qualified to do the job. A simple mind would get facts & feed them to the nation.
    2 Levy was principled & not a narrow mindset like RB, or Senoir citizen who gets the crap from MMD and defends it. He was objective enough to see that the man who rigged/pushed him into power was corrupt, which is why he left gvt. He left the big post (unlike kunda who flips day in & out to protect his job) which dirty MMD guys would never. Levy came from that principled crop (of Wina, Kapwepwe) who would leave power in the midst of corruption. CS is so blind that the only time he would accept that MMd is corrupt is when RB says it. Zombies would never be independent thinkers even if they try to propagate 7 peddle MMd lies. shame

  80. Ba Time and LT you are completely misinforming the people here! The case was about Meer Care & Desai appealling against the Smith Judgement. Chiluba was neither found innocent nor guilty since he was not defending himself. Your reporters have borrowed their reporting style from Rupert Murdoch’s play book. Very disingenuous!!

  81. Mr. Meer’s Solicitor, Alexander Ulm of Reynolds Porter Chamberlain said:

    “Mr Meer has always insisted that he had no such knowledge of any such conspiracy. He and his wife put everything they own into the defence of his name and reputation and it is immensely satisfying that the court has recognised that the attempt to cast him in the same light as the other defendants was misconceived.”
    Please note ……………..same light as the other defendants. This means the other defendants like FTJ, Chungu etc are DIRTY

  82. Why are u crying over the london judgement. Pls cant you understand that Chiluba confessed that he had US$8million in Zamtrop account, but no one was and is prepared to investigate where it came from and then recover instead you opt to prosecute him over a poultry US$500,000 (with no facts), and also a civil case in London. PLS WHAT is the matter with you Zambians. This is why i say Mwanawasa was never serious but a JOKER. Besides if we work out a cost/recovery benefit we will find that, the costs far outweighs what is to be recovered (8 years- what a bunch of dull lawyers)

  83. read the fantastic analysis by Janet Ilunga on times.co.zm website right now. instead of believing the trash of membe

  84. Since then, emotions have been running high. The ensuing debate has been so jaundiced by politics and a burning passion to prove by whatever means that Dr Chiluba is a thief that a fundamental point which the Hamaundu judgment brings out has been missed.

    The point is that apart from two countries, two small islands in the British dominion for that matter, no foreign judgment can be registered in Zambia under the Foreign Judgments (Reciprocal Enforcement) Act Chapter 76 of the Laws of Zambia.

    Some legal experts say even if the State was to appeal, it does not change that fact.

  85. If all the emotions could stop, only for a moment, it would soon be realised that the lapses in the Foreign Judgments (Reciprocal Enforcement) Act is the same fate that has befallen other pieces of legislation that were left hanging in post independence.

    At the change over of government from the colonial administration to black self rule (perhaps due to excitement that came with the joy of liberation or lack of necessity at the time) functionaries responsible neglected or omitted to update certain laws.

    In the case of foreign judgments, before independence, all judgments from British colonies could apply automatically under the British and colonial Judgments Ordinance.

  86. That said, it is still a win-win situation. The State can still commence action under common law as Justice Hamaundu has suggested or indeed can seek to enforce the London judgment in the UK where it was made.

    Furthermore the case goes beyond just nailing a former president but brings to light some of the difficulties that Zambia will face as its citizens continue to trade or have international business transactions in the global market.

    In the event of disputes, judgment creditors will have no recourse because of the absence of reciprocal arrangements to enforce foreign judgments.

    Rather than cast aspersions against the judiciary, Zambians should be more worried about remedying the situation. It should be accepted that an omission has been made. At the height of the exposing…

  87. At the height of the exposing plunder, no one even dreamed to check if all the conditions for enforcing foreign judgments had been met. All is not lost, now is the time to see to it that the relevant statutory orders are issued.

    INTROSPECT

    Another issue that may soon require addressing is the role of amicus curiae. The purpose of a friend of the court is to provide expert advice to the court over and above what the parties to the proceedings submit or where the parties may not have competence.

    Often it is the court that calls for this service. An application can also be made by persons to be amicus but even then the court will have to determine their relevance and suitability.

    Such persons have to be objective and non-partisan.Some legal experts find as misconduct, short of an…

  88. Such persons have to be objective and non-partisan.

    Some legal experts find as misconduct, short of an abuse of the process, for persons who were not party to proceedings to impose their opinion on the court.

    Luckily, the Zambian judiciary is not harsh as it embraces all who err even when it involves highly experienced legal personalities. But it calls for serious introspection at amicus curiae applications so that they are not subject to abuse.

  89. Ah this Lifuka and his paymasters. They are not even ashamed of themselves. Lifuka’s statement on VOA comes barely a few days after the Press Secretary at the American Embassy (some funny mafia like name that I can’t remember) issued essentially the same sentiments. The master has spoken, so it’s now time for the slaves to play vuvuzela. And they started it all anyway, the mighty donors, and failed miserably both in Lusaka and in their own backyard London, even after probably oiling Judge Smith… can’t put it past them you know…

  90. While reading a Times of Zambia article of today on the subject, eminent lawyer Professor Muna Ndulo, gave a compelling legal opinion why Chiluba cannot use want of jurisdiction as a defence because he attempted to stay the London court proceedings. But another eminent lawyer, Professor David McClean gave an equally compelling and statement rubbishing Prof Ndulo’s argument saying “….it would be perverse to interpret his action as submission to the very jurisdiction he actively repudiates…”.
    Now when two giant legal minds are at variance, can you imagine how long this case would take if such lawyers were on opposite sides of the appeal? I would rather move on, I think that Zambians have learnt their lessons.

  91. Let us talk PACT, it is more real than this nonsense from which only lawyers stand to benefit. If indeed there is a loose and collectable USD46million out there, I can only imagine why the appeal case is generating so much heat among Lifuka and the lawyers. By the time the case is over in 2013 all the money would have been “earned” by Lifuka and his lawyer friends, with none for poor you and me. Now to me this is theft all the same, I don’t care in which pocket it goes as long as it will never come into mine. So you bloggers out there, are you gonna be happy when the US46 dwa is in Lifuka’s and lawyers’ pockets? Just a joke, the dwa does not exist at all, otherwise it would been recovered by now if the vulture lawyers knew where it is.

  92. #93 you are so ignorant, that you make senior citizen appear intelligent. Ati times of zambia dig deeper, wake up foo/l and get a life. Nothing can beat The Post. Kafwipi Titus Kiluba congolese pigmy is a Thief, nothing will change that. Ever seen a leopard’s spots being washed off by rains? Your hero is a Thief, Lazo, he robbed our country and we probably wont see the money he stole but we will continue to call him Lazo, even when he dies his tombstone will read “here lies the remains of a chancer who lived by stealing”

  93. 110, tell the professor that we had a bumper maize harvest and there is enough nshima to feed all zambians who run away from the country because of hunger (so called economic refugees).

  94. Some things are better left alone.One thing I will never understand is how easily Zambians can turn against each other!!! Did it require a white judge to convinct Chiluba?You dare try and divide British people they will get you even if they hold different views.Look at the way they feel about immigration…
    It is only a Zambian mentality that turns against their own to please or appease others.Have you ever wondered why for example two models both guilty of similar mistakes are treated differently?I am talking about Naomi Campbell and Kate Moss.In fact Kate was worse off.But do you know what the british media did?They started promoting her despite drug allegations but sought to bring Naomi at all costs.Even this Taylor trial is a circus!Now I do not condone stealing but there should be

  95. cont’ fairness.The English courts were quick to convict Chiluba but what about Tony Blair’s Iraqi war?Will he ever be convicted?You must be joking!Do some of you remember Simon Mann and Margaret Thatcher’s son’s failed coup in the Equitorial Guinea?Do you think any court will prosecute?ONLY IF IT AFFECTS their people.It is such a shame that it is easy to turn a Zambian against another.Look at the contributions made by the people above mostly men.Zambian men when will you ever have balls of steel?

  96. Hola # 113 I agree with you that racism is at play when white people get involved but we should not confuse it with justice. Chiluba was stealing with the same white people that have now turned against him. He had no regard for the black people he was stealing from and was busy dining with the same racists that have infested our country now.

  97. THE ENGLISH COURT OFAPPEALS COULDN’T HAVE SAID IT BETTER ;

    “THE VERDICT DID NOT MEET MINIMUM STANDARDS OF A COURT TRIAL” PERIOD!

    SO ANY AGRIEVED EDITOR CAN GO AND COMMIT SUICIDE.

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