The State has entered a nolle prosequi in the case in which former President Frederick Chiluba’s wife, Regina, was charged with nine counts of receiving and obtaining stolen State property.
The Ndola Magistrates Court allowed the State’s application and also awarded costs to the accused.
Principal Resident Magistrate, Chilombo Phiri, also ordered the State to hand back all the property used as exhibits in the case.
Mrs Phiri said in her ruling that the court had no right to question the Director of Public Prosecutions (DPP) on the nolle prosequi entered.
“Having seen the nolle entered on all nine counts, I hereby discharge the accused on all the charges, and since the case proceedings have come to an end, all the exhibits must be reinstalled to the owner,†she said.
Senior Anti-Corruption Commission (ACC) prosecutor who is attached to the Task Force on Corruption, Dennis Simwinga, applied that the case be discontinued.
Earlier, Mr Simwinga told the court that the DPP had decided to discontinue the matter.
“My instructions this morning from the DPP are to discontinue the matter by entering a nolle prosequi,†he said.
Later, Mr Simwinga opposed the release of property to Mrs Chiluba.
He said the court should not allow that the State hand back the property because Mrs Chiluba had not been acquitted.
Mr Simwinga said the accused could be re-arrested on fresh evidence.
He said the court should also not award costs because the accused was taken to court through normal procedures.
But defence lawyer, Robert Simeza, opposed the application, stating that it was not competent for the DPP to enter a nolle at this late hour after the case had been closed and the court was about to deliver a ruling.
Mr Simeza said the State should have considered discontinuing the case earlier instead of wasting the court’s time.
He said the application by the State was a clear case of abuse of the court process and malicious prosecution, which should not be allowed.
Mr Simeza later applied that since the State had entered a nolle prosequi, the court should award costs to the accused as well as return her property, which was seized and used in court as exhibits.
The exhibits include four vehicles, three buildings, a Toshiba television set and her frozen bank accounts.
He argued that even if the State decided to resume the case, there should be fresh evidence to be used in the proceedings because the court had discharged the matter.
Before the magistrate walked out of the courtroom, Mrs Chiluba’s sympathisers started singing songs of praise as police officers ushered them out.
When an excited Mrs Chiluba walked out of the courtroom, she was welcomed by Patriotic Front (PF) sympathisers who waved their party symbol in solidarity with her.
Police clad in riot gear dispersed the sympathisers from the court premises, but the happy crowd went onto Independence Avenue and continued with their celebrations.
In the same court, MMD Copperbelt chairman, Terence Findlay, gave a fresh plea to in the possession of obscene materials count.
Earlier, Findlay was charged with rape and occasioning actual bodily harm on dates unknown but between May 1 and June 3, 2007.
Mr Findlay pleaded not guilty to all charges.
Particulars of the offence are that in the first count, Findlay allegedly had carnal knowledge of a girl.
In the second count, the accused is charged with being in possession of obscene materials after he was found with a DVD containing pornographic images.
On the third count, it is alleged that Findlay assaulted a named girl, occasioning actual bodily harm.
Deputy Copperbelt prosecutor, Christopher Kanema, applied to substitute the previous indictment with a fresh one to allow fresh pleas to be taken.
The matter has been adjourned to September 24, 2207, for mention and October 17 and 18, 2007 for commencement of trial.
Lawyers Eric Silwamba of Silwamba and Company, Lawrence Matibini of L. Matibini and Company and Mwambo Mutale of York Partners are representing Findlay.
Daily Mail
