Saturday, November 23, 2024

Attorney General Confirms Existence of Kalundu Intelligence Facility in Sun Pharmaceuticals Abduction Case

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Attorney General Confirms Existence of Kalundu Intelligence Facility in Sun Pharmaceuticals Abduction Case

In a significant turn of events regarding the abduction case of Sun Pharmaceuticals Ltd directors and owners Vinod and Uddit Sadhu, the Attorney General has been forced publicly to confirm the existence of a covert intelligence facility in Kalundu, Lusaka; and that the Sadhus were taken there during their abduction. For the first time, the Attorney General admits that the taking and detention of the Sadhus was a “joint operation” between police and the Office of the President.

Previously, the Attorney General’s defence claimed that the Sadhus were taken directly from the Department of Immigration to the Chelstone Police station. This volte-face by the Attorney General to admit the Sadhus were right to say they had been taken to a house in Kalundu comes after compelling evidence was presented to the High Court, including geolocation data pinpointing the site; an SOS message sent from within; and the identification of a supervising intelligence officer involved in the Sadhus abduction.

In the original defence, submitted in January 2024, the Attorney General claimed that the Sadhus voluntarily participated in police interviews and denied their confinement at the Kalundu facility and subsequent detention at Chelstone Police Station. It was then claimed by the Attorney General that the Sadhus departed from the police station at 17:20 hours on the same day. However, in the latest amended defence, the Attorney General now acknowledges that the Sadhus were taken from Immigration Headquarters to House No. 39, Lufubu Road, and later detained at Chelstone Police Station, citing a purported (and previously undisclosed) arrest warrant. It is the first time in two years that there has been any suggestion that an arrest warrant existed (it was entirely omitted from the AG’s original defence). It has not yet been submitted to the High Court.

The Sadhus vehemently deny ever being served any warrant, and the Attorney General has not provided proof of its existence or being served, in the amended defence filed last week. The Attorney General further claims in the amended defence that this detention was intended to secure a Warn and Caution statement, which the Sadhus vigorously deny, contending that any such documentation would likely be fabricated by colluding party affiliates and police personnel. The Attorney General has submitted no Warn and Caution statement to the High Court.

Furthermore, the Attorney General has amended his defence to concede that the Sadhus were invited to the Immigration Headquarters on 29 September 2022 by the Director General of Immigration, Dr Lishomwa (previously the Attorney General claimed not to know how the Sadhus came to be at the Immigration department). The defence now claims that this invitation was routine and resulted in the issuance of a residence permit to the second plaintiff, while the determination of the first plaintiff’s Certificate of Established Resident was concluded following the necessary internal processes.

It remains unknown how or why the Office of the President should consider it appropriate for it to be involved in a commercial matter already subject to protracted litigation over many years, with now multiple Judgments in favour of Sun Pharmaceuticals and its owners the Sadhus, from the High Court, Court of Appeal and the Supreme Court.

Adding to the complexity in this abduction trial brought by the Sadhus is the Attorney General’s decision to represent Rashid Munali, the first defendant in the case, and a purported cadre member of the ruling party. Munali is accused of leading the operation on the day in question.

There are suspicions that should the Attorney General cease to defend Munali or the other defendants, who were sued in their individual capacities, they may reveal the identities of State House or other government officials implicated in the targeting of the Sadhus and Sun Pharmaceuticals Ltd. Stunningly, Munali has been brought under the State’s umbrella and included in the witness list as an alleged officer of the Zambia Police.

Additionally, the Attorney General maintains the position from the original defence that members of the Kalenga family were not present at Chelstone when the Sadhus were hastily transported there following the discovery of the SOS message by their captors at the intelligence facility in Kalundu. However, reports indicate that the Kalenga family released photographs from Chelstone and engaged in media interactions, boasting of their presence on that day alongside Rashid Munali and his associates; evidence of which may now be submitted by the Sadhus to the court.

The Sadhus have presented photographic evidence of an unmarked vehicle and its driver associated with State House that was involved in their abduction. They have consistently stated that they were subjected to threats and coercion aimed at compelling them to sign documents under duress, a claim that the Attorney General has denied.

Notably, Zambia police claimed the Sadhus were under investigation after they alerted INTERPOL of Police Commissioner Mubita Nawa being wholly unsuitable for the position of Secretary General (for which he had been shortlisted).

The Court has granted the Sadhus the right to reply to the amended defence from the Attorney General.

By correspondent Pranab Rajan

41 COMMENTS

  1. Sounds like Agatha Christie’s Death on the Nile narrative! The justice System is never far from political corridors…

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    • This reminds me of stories written about Russia after the fall of communism, when its security services ran amock, accumulating assets and taking over private enterprises. When the machinery of the state is involved, anything is possible.

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    • Whenever there is a change in government, nefarious groups look to take advantage of the confusion in the transition and push their private agenda behind the curtains. This strategy usually relies on secrecy amongst a small group moving files and creating a cover story with internal paperwork exchanged between departments to appear as official business, typically culminating in authorising payments, changing the beneficiaries of contracts, allocating land parcels and similar actions. By the time anyone catches up, years down the line, the damage is primarily done. In the case of Sun Pharmaceuticals, it appears that a group working with the Kalengas wanted to hijack the judgment debt owed to the company and almost succeeded – if not for the SOS message.

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    • @Mayo The executive branch is way too involved in the justice system. In the past, the practice was to appoint professionals, not party members, to the position of Attorney General, but today we have a UPND Cadre who was appointed AG in Mr Kabesha. The Solicitor General Muchende is equally heavily involved in their party affairs, compromising the independence of Attorney General Chambers as Chief Legal Advisor to the Government.

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    • @ Mayo if the government doesn’t protect their people, they will rat the bosses out. Frankly, UPND came in with much hope and optimism but has floundered. This episode underlines all the irregular turns of events in the country that have not been heard of in the past or at least never on the scale we see today. It’s unclear whether anyone is really in charge of the government.

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    • It seems absurd that the government has insisted for two years that an event did not occur, only to now admit that it did. They claim to have had a warrant, yet they failed to produce it. Now that the events have been challenged in a Court of Law, they seek protection under OP, the most potent and opaque branch of government.

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    • @ Dr Edify, I expect this to be thoroughly examined and brought to light during the trial. As a lawyer, I can tell you the mechanics of discovery in a case like this would take a lot of work but the government’s admission of the hetero secret facility and the company owners being taken there likely strengthens the plaintiff’s case. The critical question is how resolute the Court will be in addressing the evidence against the State; thus far, the indicators appear to be positive.

    • So why was HH detained at a detention center in Kalundu and not in cells with feaces in Lilayi and Mukobeko?
      Or are those facilities for foreigners only?

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  2. I doubt the personel involved from OP were actually sancationed by their DG in this fiasco but it can often seem preferable to look guilty than be known as incompentant and lacking control..

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    • Strange times indeed! Red Brick was always seen as the most professional department in the government yet here they are implicated of being in bed with cadres and rouge police officers. Dirty buisness.

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    • @ Vantage Point, Institutions in Zambia are fundamentally centered around the President and what the President utters becomes policy for the whole government. If the ruling party was actually involved, the Director General of the Office of the President likely had no option but to retroactively confer ‘legitimacy‘ on the situation.

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    • 1. When former President Kaunda was detained at a house in Kalundu, the Chiluba Government had to issue a Gazette Notice to detain him lawfully at the same property. Did the Government issue a Gazette notice in this instance? If not, the detention at the house, even if it is the property of the office of the president, would be unlawful.
      2. What was the purpose of detaining civilian businessmen at an intelligence facility, and how does this come under State Security?

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    • @TM Very true remember when Civil Servant Patrick Kangwa said one thing and HH revoked it the next day? The President was policy without debate.

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    • @ Ayatollah, how very convenient for the officers accused to now produce a warrant when called to account for thier actions. It seems there is no value in these documents and agencies can create whatever they want when it suits them. Even then, how could it be permissable to use an intelligence site, none of this is adding up.

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    • Anyone following this case knows that earlier this year, the UPND’s lawyer, Keith Mwemba, attempted to take control of Sun Pharmaceuticals using a secret ex parte court order to seize millions of dollars held in an escrow account at the Ministry of Finance. While it remains unclear under whose authority Keith was acting, it is believed by the government that when he contacts their offices, he does so under instructions from Plot 1. The Attorney General’s acknowledgement of the Office of the President’s involvement with the Kalundu House is significant. If you want to understand the underlying dynamics of our government today, pay attention to the nuances.

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  3. The President would never tolerate such nonsense and has clearly stated YOU ARE ON YOUR OWN FOR UNLAWFUL CONDUCT!

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    • i agree but the report states attorney general is defending rashd munali a upnd cadre in court. like seriously that is unreal

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    • He made a U Turn on the YOU ARE ON YOUR OWN…the individuals found at the gold scam site are free and still working. Perhaps the truth of the president’s involvement in these scandals will only be known after he’s left office…. which I am sure he won’t leave without a fight.

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    • @ Deja Vu, I was shocked to read that the son of the former inspector general of police and President Hichlema’s bodyguard, Francis Matayo, was somehow also involved in the gold scam. He allegedly walked off with $5.7 million in cash from the Egyptians. Now this Kalundu abduction! Is this a trend around State House?

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    • @Dejavu, the President is far removed from these matters. however there likely people in his circle who are perusing their own agenda. President Hichlema has a vision for Zambia totaly different from the past.

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    • @Malamba. Do you work at state house? That’s why I said that the truth shall only be known after your president leaves office….not involved or involved.

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    • I have to presume the pronouncements of President HH from State House on 5th June 2024, apply to the Police Service as well : “Hear me out, fellow citizens. You will not hide behind a political party. You not hide behind a church, Inside the church or outside the church, you not hide behind the civil society membership or Oasis or anything, that will not protect you. You break the law, the police take you. No negotiations.”

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    • Talking is one thing, acting another.
      How many UPND cadres have been prosecuted? Zero.
      How many opposition members have been prosecuted? Countless and they are still being arrested.
      Have police maintained order? They haven’t. They have only carried out illegal orders from State House.

  4. Police officers like to get involved in high profile matters because it is an opportunity for them to make large kickbacks. Exotortion is common place amongst our law enforcment agencies but it is rare for such matters to ever see the light of day in court.

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  5. It is a severe waste of our public money to defend such cases but AG Chambers seem to have infinite resources to cover up the misdeeds of government and party members. The Livingstone High Court threw out the Kalengas case and it was also reported that the Law Association of Zambia threw out their case. Why would OP step into this cluster****

  6. It’s truly remarkable that the case has reached this point, suggesting that there is still hope within the judiciary. Over the past three years, many instances of abuse of power have gone unreported, often only whispered about. However, this case stands out for its consistency and clarity and it deserves our attention. Thank you, Lusaka Times, for your continued dedication to shedding light on these important issues.

  7. Am enjoying reading this trilogy narrative of State, Sun Pharmaceutical Ltd and state Operatives . Lets see how it will end up, wina azalila and presidency wounded if not rattled.

  8. The Warn and Caution Statement isn’t just some insider information held by the Police; it should be available for all to see. If it’s out there, let’s have it! But if it doesn’t exist, what’s the plan moving forward? Will the Attorney General keep defending the officers involved, or will he rise to the occasion as the government’s chief legal advisor and take a hard look at the facts? This situation raises important questions about our Access to Information Laws—if they’re meant to hold government agencies accountable, then we need to ensure they live up to that promise!

    • @ Felicia: It’s clear that the reason for this trial’s delay is to give state house time to destroy the evidence that implicates them and fabricate new evidence to cover their tracks. Why else would they change their defense on the very first day of the trial!

  9. This is all why the branches of governance should be constitutionally separated. The Presidency or Executive should not in any way supervise the Judiciary and Legislative. The Executive should not have the extreme powers it currently has over investigative wings, Police and the media. When government leaves office the system should independently operate. Our political scientists, lawyers and journalists are not as we have been expecting, helping us progress on the path we have taken after the Second Republic. We are all just assisting political exploitation of everything in Zambia

    • @ Lazy..Your observations are significant. We have learnt that centralising power within a government can easily foster an environment ripe for abuse and authoritarianism. To prevent such dangers, we must strive to establish a balanced system where elected officials, who have garnered their authority through a democratic electoral mandate, possess power, but this power must not be excessive. Striking this balance ensures that while these officials can effectively govern and implement policies, they remain accountable to the electorate, operate within a framework that protects against tyranny, and ensure that the citizens’ voices are not drowned out.

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