The Lusaka High Court has dismissed an application by former directors of the defunct Access Financial Services Limited (AFSL), directors Aaron Chungu and Faustin Kabwe to have their five year jail term appeal re-opened.
The four were slapped with a five-year jail term by a Lusaka magistrate’s court on corruption charges.
In this case Chungu and Kabwe who are jointly charged with former Finance Minister Katele Kalumba, his Permanent Secretary, Stella Chibanda had applied to have their appeal case re-opened before delivering judgment.
High Court Judges Nigel Mutuna and Jane Kabuka in delivering their ruling today on whether the applicant’s appeal should be re-opened before passing judgment on grounds that they had established fresh evidence said the court was not convinced with the arguments advanced.
Judge Kabuka who read the ruling said the evidence which the applicants adduced that they had established fresh evidence indicating that some witnesses were paid to testify against them could not constitute credible evidence of a bribe.
“At the most, we find it can only amount to an allegation on the said paid named witnesses, and for the reasons given, the application for leave to re-open the appeal must fail as well as the second limb of the application. To file a further ground of appeal, having been anchored on the success of the application for leave to re-open the appeal, accordingly falls away,” she said.
The judges said it was further clear that the information sought to be adduced as additional evidence was available to the applicants as shareholders or directors in AFSL if they had bothered to look for it.
“Against this backdrop we are constrained from finding that the facts disclosed can, even with the most liberal approach, qualify to be classified as ‘exceptional circumstances’ to justify reception of this evidence as fresh evidence,” said judge Kabuka.
Chungu and Kabwe’s lawyers, Robert Simeza and John Sangwa from Simeza, Sangwa and Associates had asked the court to grant them permission to have the appeal case re-opened claiming two of the key witnesses were paid substantial amounts of money by the prosecution.
The lawyers told the judges that it would be in the interest of justice for the appeal to be re-opened and allow them to file fresh evidence.
They said granting them this application would demonstrate how two former employees of Access Financial Services, Enock Mwale and Isaac Chitundu were allegedly paid K800 million and K658 million, respectively, to testify against them.
They charged that the two witnesses were paid to “colour” their testimonies against their clients and were also paid K2.1 million and K11 million respectively, in excess of their terminal benefits.
Judgment has since been set for March 29 this year.
Reopen the case and let them clarify with substantial evidence the monies they are claiming to have been paid to the two (Enock Mwale and Isaac Chitundu) to testify against them
Gentlemen, please understand the reason why the frog is always jumping or call it hoping – the fact is that the ground is always not level. I can also bet you that – only the Croc will understand why the Hippo behaves the way it does. Dont be suprised with certain verdicts and outcomes
Good for Zed, let these plunderers face the music.
are these guys in prison or still walking the streets of kabulonga? march 29th only to be adjourned again to a later date.
Justice 4 all,de judiciary is workin independently under de pf govt
More like for the opposition only
when are you ever going to think beyond politics in your life?
Patriot is that for me or da genius ??
I hope Burkinafaso wins tonight, no politiking tonight for me, goodluck and good fine weekend all.
Probably looking for an acquittal so he can join PF, LOSER.
I just hope they give your case to Judge Foolgence Chisanga , she will deal with you.
These chaps must be caged…nowhere to run not even into a rat hole
those commentators for the zambia/nigeria are dogs who have terrible overrated opinion about the league of the country they come from. Each tournament be it world/euro/africa cup, these premier league brainwashed characters cant spent a moment without reminding us about those fluffers from epl. If the epl was the best why does it struggle to win world/euro cups, why 80% of players are foreigners, why most clubs are owned by foreigners and why all 6 top clubs are coached by foreigners? These commentators were simply stupid to ve rated nigeria above us.
Zambia out in the first round,shame…
No we’re not, all we have to do is beat Burkina Faso. which we’ll do so I don’t know where your worries lie. I do know that that 90 pin confused their mentality. you know why, first they were ignored the whole year they were champions and only at the end of their reign they are treated like another by the way thing (like most other things that have become so common place in Zambia). This team has not been accorded the respect id deserves I hope they can dig deep in their hearts and work through this tournament, for it is not money that makes them play it is their skill and their pride.
if th judgement ws in thier favour, th so calld church mother board , FODEP, TIZ Opostns cud hv come strongly to codm th GVT. i hop u cn see tht th judiciary is stil independent.
Can you please take the time to write things properly. You are denying people the knowledge you think you are imparting.
@kaya he was using short hand probably commented from a mobile phone….Have you not received a text message with abbreviated or short words??
Well, I say good riddance. If it was proven beyond reasonable doubt that these people committed corrupt practices, they should be put away. We need to get serious with these cases. I tip my hat to the Judges.
Aaha see why Katele has been singing praises to PF and Sata! Bam useless muselela kwakaba balishupa sana.
Thats wy Katele is busy singing praises for sata so that he can be aquited no ways bakatele dont 4get that judicialy is still MMD
Aaron Chungu must go to Jail! Bottom line!
Its clear that Sata wants them to go free.Katele started praising Sata last week, then this. This will be another Nchito, chiluba case.Watch the space.selective justice in this gvt
I am extremely pleased with the judgement to deny the cartel a chance to reopen a case. When things habeas been concluded they have move to the next level, otherwise they old stagnat at one level.
How I HATE corrupt practises, they take national development backwards.
Luapula has a much smaller population than most of the provinces in zambia but it has the highest number of thieves perharps equivalent to all provinces combined.
Here am talking of luapula pure bembas are not thieves
why aren’t these chaps in jail..?this kind of jungle law..
Thank you, I’ve been looking for facts about this subject for ages and yours is the best I’ve found so far.