Former intelligence Chief, Xavier Chungu has asked the Lusaka magistrate court to discharge him and withdraw 168 counts of theft and abuse of authority slapped on him.

Mr. Chungu through his lawyer, Martin Musaluke made an application noting that he has been attending court for more than three years without taking plea.

He says his client’s continued appearing in court for mere mentions has brought him injustice and is in contravention of the provisions of article 18 sub-article 1 of the constitution of Zambia which provides that anyone charged with a criminal offense must be accorded a fair trial within a reasonable time.

Mr. Musaluke says spending three years without taking plea is surely not reasonable.

He says if the state is not ready to prosecute Mr. Chungu the magistrate court has powers under the criminal procedure code to discharge him.

Mr. Musaluke says this will not be an acquittal but that once the state is ready for trial they can re arrest him.

But state prosecutor James Mataliro has objected to the application charging that the state is ready to proceed with trial but that the case had stood following an application filed in the high court by Mr. Chungu and others questioning the mandate and legality of the taskforce on corruption.

He has since asked the court to dismiss the application charging that it lacks merit.

But Lusaka chief resident magistrate Joshua Banda has reserved ruling on the application to December 14 2011.

ZANIS

19 COMMENTS

CHI KaBOLALA November 29, 2011 At 9:53 pm

CHI XAVIER THE CHICK OF YOU
President Santa November 29, 2011 At 10:13 pm

Please, ‘clean’ the man quickly so he can be appointed PS.
Nathan Iris Mutati November 29, 2011 At 10:18 pm

Ofcourse he has the right to a speedy trial,It is just right that he should make such an appeal.
Nubian Princess November 29, 2011 At 10:28 pm

Fuseke!
The Nation November 30, 2011 At 3:22 am

This bastard needs to be processed quickly and send him to Mukobeko this amount of arrogance is wrong he is sticking his middle figure to the Zambian Justice System.What XAVIER Chungu is Saying in a lay man’s term is the courts are run by fools he is smart.I do not think so these Judges are competent men and women they stand to uphold the law of the Land.
oranje91 November 30, 2011 At 4:51 am

O ye zambians of short term memory how soon you forget.
Theophilus November 30, 2011 At 5:27 am

“Spy Chief” still attending court could still accept to be appointed PS and some other’s like one appointed to foreign service but wanted for criminal activities in neighboring states, read between the lines! The curse of black Africa’s leadership and clean government is scale of honesty and integrity!
Kabwe November 30, 2011 At 6:11 am

Ba Kateka should not even involve himself in Chungu’s case. Let justice take its course limbi he can even tell us where the Late FTJ hid our money especially the one coming from the ZAMTROP Account. We had enough of the “Spy Chief” running the spy wing like his village, we dont forget so easily. I wonder why he and his so called lawyer think that the state is not ready to persecute him when infact he fled Zambia. He should never be appointed in govt at whatever level. Ba PF mwapya nga mwa mupa inchito, I dont care what favours he has done for you behind the scene but…….dont!
simeza November 30, 2011 At 6:28 am

free him otherwise he will spill the beans on how sata was involved in all of chiluba’s corruption
he might even tell us which blood sisters mothered sata’s children and even where to find the video evidence
Ctrl November 30, 2011 At 7:50 am

Poor old man chilax let the law take its course
[Analysis Corner] November 30, 2011 At 8:09 am

within reasonable time, it could be 20yrs.
jelitta November 30, 2011 At 8:15 am

WAT A dooog HE IS.
Mushota November 30, 2011 At 8:43 am

These are instructions from the president, Yes to con you people and make this man the finance minister perharps.

The country is a joke, Come to Scotland you will be impressed

Thanks
Xioto November 30, 2011 At 8:55 am

Mushota, go to Libya and ask Saif +family, you will be much more impressed.
gromyko November 30, 2011 At 9:43 am

149charges and not even one sticks ,Very strange indeed!!
POHO YE NSU November 30, 2011 At 9:48 am

Xavier today you have audacity to challenge the court to discharge you, you a fugitive for more than five years.What were you running from, if you were not running from the same charges.Lilengwami ki wena, wena kwena.Anyway, the man you saved is on the seat,he will save you fromm going to the gallows,he now is the presido. God save us and save Zambia
Ice_Road_Trucker November 30, 2011 At 12:33 pm

Whatever we feel, we must have a fair justice system in Zambia.
Let the law take its course. If he is innocent we will know, if he is guilty again we will know. We must be innocent until prooved guilty.
kb November 30, 2011 At 2:03 pm

so Chungu almost free now its LIATO to dance the PF songs, so it not the rule of law in zambia its the rule of political parties.
Atase November 30, 2011 At 5:41 pm

You ‘re right Levy’s persecution must come to a close.