THE State has applied to have the matter in which three former defence service chiefs are charged with theft by public servant involving K1.5 billion to be heard in secrecy.
And former Zambia Air Force commander Andrew Sakala has applied to the court to grant him immunity to divulge classified information during trial without obtaining authority from the State.
This is in a matter in which former Zambia Army commander Wisdom Lopa, former Zambia National Service commandant Anthony Yeta and Sakala are jointly charged with theft by public servant.
It is alleged that the trio, between September 16 and September 21, 2011 in Lusaka, serving in the Ministry of Defence, stole K1.5 billion belonging to the ministry.
State prosecutor Simon Tembo, who made the application on Friday when the matter came up for commencement of trial, asked Lusaka Magistrate Wilfred Muma to allow the matter to be heard in camera for security reasons. [pullquote]if the State wanted the matter to be heard in camera,the Generals should not have been arrested and charged in the open manner it did,it is in the interest of justice and the public that the innocence or guilty of the accused be openly proven by giving the accused an open court hearing.[/pullquote]
Mr Tembo said it would not be necessary for the State to make an application for some of the witnesses to be heard in camera while others were being heard in open court, adding that it was better for the court to allow the matter to be heard in chambers from the onset.
But the defence lawyers strongly objected to the application by the State, saying the matter should be heard in open court in the same way their clients were arrested and charged in the open.
Gen Sakala’s lawyer, Nganga Yalenga from AM Wood said his client had serious reservations over the State’s application despite being alive to the secrecy pertaining to the bulk of evidence that would be presented in court.
One of Yeta’s defence lawyers Sakwiba Sikota, who equally objected to the application, said it was a Constitutional right for every accused person to be afforded an open court hearing.
Mr Sikota said it would be a gross infringement of his client’s rights if the court allowed the matter to be heard in privacy.
“I note that in this particular case, the State wishes for the entire case to be heard in camera.
“It would be a gross infringement of the accused person’s rights because even in treason trial which touches on State security, trial is not heard in camera,” Mr Sikota said.
Lishimba Mutakela, another lawyer for Yeta said if the State wanted the matter to be heard in camera, his client should not have been arrested and charged in the open manner it did.
He said it was in the interest of justice and the public that the innocence or guilty of the accused be openly proven by giving the accused an open court hearing.
Meanwhile Sakala has asked the court to grant him immunity of the prosecution to enable him divulge classified information in a bid to defend himself against the allegations levelled against him.
Through Mr Yalenga, he said “My client Gen Sakala wishes to raise in the same vein the constitutional issue regarding the fairness of his prosecution to enable him adequately defend himself as provided for in Article 15 of the Constitution.”
He said since the State was apprehensive of its evidence being heard in public, it would only be in the interest of justice that his client was given his constitutional right to a fair trial.
Mr Yalenga said Sakala should be granted immunity of the prosecution under Section 95 of the State Security Act of divulging classified information without authority.
Mr Muma reserved ruling and possible commencement of trial to May 28, 2012.
Meanwhile, the Supreme Court has reserved ruling on bail application by jailed former Zambia Army commander Geojago Musengule and his co-accused, Amon Sibande to June 22, 2012.
This means Musengule and Sibanda would remain in prison until the determination of their bail application by the Supreme Court which was earlier denied by the High Court.
[Times of Zambia]
Are these the judicial reforms people are crying for? The state was very happy to go to the media and say the 3 generals stole,now let the public see if indeed they stole.what is there to hide? I fear the PF government want to change the judiciary to suit them by first getting rid of everyone they perceive to be MMD…hence calls for chief justice to resign
If the Generals *Shaka’s voice and pronounced jenaros* stole public funds, let the matter be open to the public.
The trial must be heard in open not in secrecy or that lousy suggestion of them testifying on camera.Technology has advanced and alterations can easily be made to that testimonial video.. Lets just go public
You probably dont know what it means “matter to be heard in camera ” It has nothing to do with camera my friend. Get educated then comment here. fool
Thakx moron the in camera means in chamber
By virtue of the positions these three generals held which might compromise the security of the nation, the state felt this should be held in camera “simply meaning” in private such as the chambers so that overzealous reporters do not diverge secrets like what happened with the so called “torture chambers” as chiluba called the tunnels under state house.
Pathetic fools! It is easy for you to defame and demean others with cheap accusations of corruption but it seems you don’t have the stomach to prove it in an open court. This is what you get when you have a president who is spiteful.
we want to hear it from them..why should it be on camera..?there’s no confidentiality since they are arrested now!
Let the truth be known. Why did govy start such an *****ic prosecution if there were state secrets involved? Why weren’t they court-martialled to a military court instead?
The problem is that now they know what the money was used for. Its possible maybe they pocketed some of it but the truth is the money was for some security operations. Sometimes its good not to do things in a hurry. It pays to be level headed.
Mwaona manje!avoid embarrasg pipo especialy those conected to state security!i dont understand y generos shd be tost abt anyhw!y ddnt they question them secretly bfo involvg the media?
Law only the Mutembo Nchito way; don’t argue just proceed you are already convicted anyways-kekekekekeke
so much secrecy under PF! How much is Chikopa making per day for being on holiday, at least for now?
We know that each presido comes in with his loyalist defence chiefs, so MCS just retire these guys, pay them, dont frustrate them, this is what causes wars in African countries. Generals don’t steal they just take, they don’t die they just sleep, they don’t get drunk they just get tired, they are never late they are just delayed and you dont fire them you retire them.
MC wants to Muchinganise the defence force, we understand. Thats why Levy Mwanawasa was truly a states man in the likeness of super KK. MCS is an old man with colonial mentalite Musungu wa musonko
The money may have been used to spy on a neighbouring country where agents are given un accounted for ‘pocket money’ to operate smoothly. So, shud the issue come up to the courts of law openly, it means that the country spied on will know and there shall be kafwafwa!
Thats why there is need for hand-over notes when taking up big offices like President, not iyachifukushi.
Lelo Lelo uko!!!!!!!!!!!!!!
U see
kwandangala (2) i agree with you these look like jeneros from idi amin camp and not generals from zambian defence force.
Mutembo nchito and that guy who owns that tissue post paper along bwijimfumu owes 14 billion kwacha and huge ZRA and nac2000 and some departure and landing costs money belonging to tax payer now u choose to harass some Generals some embezzled mezarf flats cash yaku chilenje tatulandapo shhaa
Time to have correct names in all key areas, part of Dochi Kubeba
I feel sorry for General Wisdom Lopa. This man was in Ethiopia as military attache. He comes in to be commander after RB came to power and 3 years later he is accused of theft. Never has the army been so professionally led and advised!
These mane will be acquited, the state will appeal and by the time it reaches the supreme court, all independent minded judges will have been hounded out and the new judges will hand out guilty verdicts, if some evil people masqurading as good have their own way. Thank God, it will not happen. No one has ever taken Zambians for a ride and got away with it, even fif it takes 27 years, we will still get justice!
pipo you must learn to offer constructive critisism. i think this is not the right forum to insult people like Nchito and M’embe. These two people are true and honest pipo who have not stolen anything from innocent zambians.
Tujililjilili at Work!!!!!!!!!!!
Sata messed big time.He just has to clean up his mess.Why in camera when it is already a public matter.Lets here it all.Umulandu nga wapita pamputi ku ukonka pa mputi pene.GOD BLESS ZAMBIA.
Boza #18 are you one of the benefactors of the 14billion which was written-off in mysterious circumstances & a nolle prosequi set for mathani? while small businesses are being asked to payup, the cabal of mmembe and ncito have theirs written off.
You are preaching the choir :d
So PF thought they were clever by embarassing the Generals.You don’t mess with the army anyhow.You will destroy the country with your witch hunting.I’m begining to despise the Nchito-Mmembe law prevailing in Zambia.
#18 even when sponsored by whoever, still retain some diginity to debate with respect for those who can read between the lines. The tribunal has deviated the attention from the real issue which is the 14billion Kwacha to be paid back. At least Mmembe and Nchito have managed to have this achieved hence little attention is being paid to the 14billion kwacha. You tell Mmembe and his friend to have they company pay back what it owes through what was used as loan-security even if it is dear to Mmembe.
What is going to come out of this case will prove to everyone what an animal RB is. We are actually on a destruction path had these generals accepted to put that money where it was meant to go……..
We are not behind the IRON-CURTAIN!! Besides whats so secret??? Anyone can google Wikileaks!!! Countries with effective Intel Orgs would have zed sussed out by now – so what is there to hide??? Apart from hiding the real truth from Zambians who are the party that has a direct & immediate interest!! We are the aggrieved party – we thus have to hear it for ourselves!!!!
it should be an open trial otherwise there is a serious doubt about fair hearing
it should be an open trial otherwise there is a serious doubt about fair hearing.Greenlet