A Lawyer representing former president Fredrick Chiluba’s wife Regina has told the Lusaka High Court that the magistrate’s court erred in passing a custodial sentence on his client because the charges she faced were misdemeanours.
This is in a matter in which Regina has appealed against her three- and -half-year imprisonment by Lusaka chief resident magistrate Charles Kafunda who convicted her on five counts of being in possession of property suspected to have been stolen.
Regina’s lawyer Robert Simeza said the court erred to passing a custodial sentence on charges that were misdemeanours and also another custodial sentence of three-and -half years on a felony relating to a television set that was valued at about US$3,700 and was non-functional at the time of the case.
Mr Simeza said although the television set charge fell under section 318 of the Penal Code and was a felony, Regina was a first offender that should not have been handed a custodial sentence.
He also said magistrate Kafunda also erred when he imposed a custodial sentence of two and half years in respect of counts under section 319 (a) relating to three properties.
Mr Simeza said that the question of Regina not being married to Dr Chiluba at the time she received a television set through State House was not sufficient ground to jail her to three and half years.
Regina, whose appeal is being heard by High Court judges, Evans Hamaundu, Eddie Sikazwe and Catherine Makungu, was convicted for failing to account for properties in her possession, which were allegedly stolen or unlawfully obtained.
Regina argued through her lawyer, Simeza, that magistrate Kafunda should not have dismissed her explanation over the Toshiba television set and convicting her for the felony just because she was not married to then president Chiluba at the time she got the television set through State House.
Simeza said he had no contention on the aspect of Regina having possessed the said television set, which she said was personally bought by her using money received as a gift from Chiluba while he was president.
Mr Simeza said magistrate Kafunda’s holding was that Regina was a private person who should not have been in possession of Government property.
He said that since the prosecution wanted to convict Regina at all cost they failed to call evidence from the person who sold her the television set in London.
He said this was highly improper because this information was within the prosecution’s province and that the person who sold Regina the television resided in both England and Zambia. Hearing continues today.
[Times of Zambia ]
Kick backs in Zambia, what a country full of circus, my foot!!!!!!!.
Mr Simeza said magistrate Kafunda’s holding was that Regina was a private person who should not have been in possession of Government property- Lawyers will say anything. How many people have been imprisoned for being found in possession of GRZ property? Oh Lord save me from RB and MMD
iwe chi hule regina, ha ha ha ha hasband thief !! and also wife thief !!
Meanwhile ZP wants to silence the chap who was shot by Dr. Musonda Solomon, D/Minister of Health.
De ja vu, whats your pint on Simeza statment ” Simeza said magistrate Kafunda’s holding was that Regina was a private person who should not have been in possession of Government property- Lawyers will say anything. How many people have been imprisoned for being found in possession of GRZ property? Oh Lord save me from RB and MMD ” and where does RB come in
The Problem of being a lawyer is that you become an advocate of one who is in the wrong. We expect this lawyer to utter those words because he is an advocate of the corrupt Chiluba and His Friend Regina.
#5 Postitivist pa ZEd No6 has answered for me
I find the arguments by Regina’s lawyer very amusing. In one sentence he admits she is guilty BUT she is a first offender, then he goes on to say the TV was not in working order. Can you imagine what would happen to a Mishanga boy charged with possession of a TV believed to be stolen, and tried to use that as defence or whatever the lawyers call it? Let her go to prison. Maybe we do need a jury system where all these chaps are tried by their peers instead of backhands in chambers
Regina jailing right.
My Regina ! The diva in court?