The State yesterday admitted that it had no evidence to prove that the television set found in the custody of second Republican president Chiluba’s wife, Regina was bought by the Government.
State advocate Dennis Simwinga told judge Evans Hamaundu sitting with judges Eddie Sikazwe and Catherine Makungu the only evidence the State had was that the property in question was addressed to State House.
This is in a case in which Regina has appealed against conviction and sentence slapped on her by a magistrate’s court on five counts of failing to explain possession of property suspected to have been stolen or unlawfully obtained.
On the television set that was suspected to have been stolen, Mr Simwinga said it was proved that it belonged to the State because it was addressed to Dr Chiluba on a State House address as head of State.
When asked by Judge Makungu if there was any other proof to show it was State property, he said there was no such evidence except that it was consigned to State House.
When the matter came up yesterday, Mr Simwinga told the court that Regina had given several statements on how she acquired the properties in question.
But the court objected when Mr Simwinga said that Regina had told investigators that she used the money given to her as gifts by Dr Chiluba when buying the properties in question.
At this point Judge Hamaundu questioned Mr Simwinga whether what he was saying was part of the case record in the magistrate’s court to which he denied and only said it was Regina who told the investigators.
“That is hear-say unless that was part of the case record. You can only proceed in that manner if what you are saying was admitted in the trial,” he said.
Mr Simwinga dropped his line of submission and went on to say Regina’s explanation on her possession of the properties did not satisfy the investigators.
But Judge Hamaundu questioned how Regina could be asked to account for the properties to investigating officers instead of the court.
The judge wondered how the prosecution could take Regina to court on the charge of failing to account for property but Mr Simwinga explained that the drafting of the charges was based on a Supreme Court ruling, which said a charge should be properly formatted.
Mr Simwinga, however, said the trial court was on firm ground to hold that Regina’s explanation was not satisfactory because she had given three different versions on how she came in possession of the properties.
He said while Regina had said she got a US$60,000 loan, Nchelenge MP Ben Mwila said that he lent her US$100,000.
He also denied there was duplicity of charges that were slapped on Regina and that after amendments were made, the defence did not object.
Deputy State Chief Advocate Rose Nkhuzwayo said there was no way Regina could have raised more than K1 billion from her businesses to enable her buy the properties.
Ms Nkhuzwayo said there was no evidence to prove Regina was a top businessperson on the Copperbelt and that the trial court was in order to convict her.
She said the State would leave the issue of sentencing to the court.
Judgment has been set for August 30 this year.
[ Times of Zambia ]
