MMD National Secretary Katele Kalumba has submitted that the case of corruption against him has not been made in terms of the law and appealed to the magistrate court to acquit him.
Katele and his co-accused persons have also urged the court to set them free because the prosecution teams had failed to prove the cases beyond any reasonable doubt.
This is in the case in which Kalumba and six others are charged with corruption involving overpayments to Systems Innovation and Wilbain Incorporated.
Others charged are former Ministry of Finance and National Planning permanent secretary Stella Chibanda, former Ministry of Finance director of budget, Boniface Nonde, former secretary to the treasury Benjamin Mweene, former chief economist Bede Mphande and defunct Access Financial Services Limited directors, Aaron Chungu and Faustin Kabwe.
Kalumba, who made the submissions through his lawyer Vincent Malambo stated that the case against him in terms of the law had not been proved and urged the court to set him free and that payments that were made to the two companies did not suggest that he was the one who facilitated them.
And former Access Finance Services (AFS) directors, Chungu and Kabwe also submitted through their lawyers John Sangwa before High Court deputy registrar, Edward Musona, who is sitting as magistrate that there was nothing to indicate that the prosecution was done in the interest of justice, law and order.
The duo said the court ought to dismiss the charges against them and that it would be gross miscarriage of justice if they were not acquitted.
Mr Sangwa submitted that there was no evidence from the proceedings to suggest that Chungu and Kabwe erected cottage for Mweene or corruptly gave a farm to Chibanda.
And Chibanda, in her submissions, also indicated that it was not up to a prisoner or an accused person to establish his or her innocence but that it was for the prosecution to establish whether she was guilty or not.
Through her lawyer Nicholas Chanda, Chibanda argued that there was no proof beyond all reasonable doubt that she committed the offences, which the prosecutions team were alleging and prayed that she be set free.
And Mweene submitted that there was no evidence to suggest that he was aware that the erection of his cottage was intended to do a favour to Chungu and Kabwe and that he did not see how the erection of the house was connected to the alleged corrupt practices of signing of contracts and authorisation of payments into the Zamtrop account.
Judgment has been set for May 26, this year.
[Times of Zambia]