Lusaka resident chief magistrate Charles Kafunda yesterday rejected an application by Lusaka lawyer John Sangwa and his client, former Finance Bank chairperson Rajan Mahtani to have their forgery case stayed.
This is in a case in which Mathani and Sangwa are facing five counts of forgery, uttering false documents and fabricating evidence.
Mr Kafunda dismissed the application to stay the proceedings pending hearing of the same case in the Kitwe High Court because proceedings before him would not in any way be prejudicial to those before the Higher Court.
Mahtani had applied for judicial review in the Kitwe High Court challenging his arrest by the Drug Enforcement Commission (DEC) alleging that his arrest on money laundering charges by the commission was illegal.
Mahtani’s lawyer Steven Malama said his client had filed a notice of judicial review in the Kitwe High Court and urged the lower court to stay the proceedings pending hearing of outcome.
But Mr Kafunda said the notice of judicial review before the High Court may or may not act as a stay of proceedings of the matter and that there was no substance in the argument because the accused would not suffer any prejudice if the matter was not stayed.
And public prosecutor, Mwewa Musonda, had earlier objected to the application claiming it was based on speculation and it could not be prejudicial to the proceedings in the High Court.
Mahtani, 62, business executive, of 5 Finance House Heroes place in Lusaka and Sangwa, 45, lawyer, of subdivision 1/subdivsion U of farm number 125A Lusaka West have both denied the five charges.
In count one Mahtani, is jointly charged with Sangwa with one count of forgery contrary to section 342 and 347 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence allege that Sangwa and Mahtani between July 13 and August 30, 2010 jointly and whilst acting together and with intent to defraud or deceive did forge a letter dated July 12 this year purporting to show that it was genuinely prepared and signed by deputy Bank of Zambia Governor Denny Kalyalya when in fact not.
In count two, three and four Sangwa alone is facing three counts of uttering false documents contrary to Section 352 of the Penal Code Chapter 87 of the Laws of Zambia.
The matter comes up tomorrow.
[ Times of Zambia ]