ATTORNEY General, Mulilo Kabesha SC has maintained that no communication, whether verbal or in writing was ever made by his office to the Director of Public Prosecutions (DPP) Ms. Lillian Siyuni to either enter into an Immunity Agreement or a nolle prosequi in the matter of the former Konkola Copper Mines (KCM) Liquidator, Mr. Milingo Lungu.
And according to a letter dated, 10th January 2022 to the official Receiver referenced, Release of Mr Milingo Lungu as provisional liquidator for KCM (in liquidation), signed by Solicitor General, Marshal Muchende, Government was clear that offering immunity to Mr. Milingo was not an option as it was illegal and unconstitutional.
According to an Affidavit signed by the Attorney General and filed in the Constitutional Court on Wednesday, 11th May 2022 the purported agreement between the DPP and Mr. Milingo was unconstitutional and in excess of the powers of the DPP.
“That I restate and reaffirm the contents of the Affidavit in support of the 1st, 2nd and 3rd Respondents, Affidavit verifying cross – petition dated 26th April and restate that my office instituted negotiations with the petitioner to voluntarily resign from his position as KCM liquidator.
“That the negotiating team of the office of the official receiver were guided by the Solicitor General not to accept the issue of immunity sought by the petitioner but to possibly engage the DPP and the DEC for a plea bargain anchored on asset recovery,” reads the affidavit in part.
According to the documents the negotiations between Mr. Milingo and the official receiver were officially called off on 12th January 2022.
“That after the Solicitor General called off the negotiations on 12th January 2022 the Petitioner took plea on the 7th of March 2022 before the Magistrate Court of hon. Jennifer Bwalya in a matter involving K17.25 million. Further, on the same date the petitioner appeared for continued trial before the magistrate courts of Hon. Felix Kaoma in a matter relating to K4.4 million,” reads the Affidavit.
And contrary to assertions that Mr. Milingo was offered immunity, Solicitor General Muchende clearly advised that the option of immunity was not available to the former KCM liquidator.
“I attached a self-explanatory letter from the advocates of Mr Milingo Lungu, arising from a meeting I held with them to buttress a decision for him to resign from the position. This is moreso that Mr. milingo Lungu is not fit to serve owing to the many civil and criminal allegations being made against him.
“In that regard I advise that you negotiate the voluntary resignation pursuant to Section 78 and 79 of the Corporate Insolvency Act No. 9 of 2017 on the understanding that his invoices shall be subjected to a forensic audit and reconciliation process which shall culminate in a confirmation of the amounts claimed,” reads Muchende’s letter in part.
Mr. Muchende advised, “With regard to the proposal for immunity, I advise that the same is not available but you may engage the office of the Director of Public Prosecutions (DPP) and the Director of the DEC for a possible plea bargain anchored on the policy directive of Government on Asset recovery.”
One dies, six others in hospital after hitting into cattle
AN 18-year-old man of Katima Mulilo in Western province has died while six others are nursing injuries in hospital after a vehicle they were driving hit into two cows, leaving it extensively damaged.
The cows which were being herded in the road are said to have died on the spot after the impact from the vehicle.
Western province Acting Commanding officer Fwambo Siame who confirmed the incident to Mwebantu said that police in Western province recorded a fatal Road traffic accident at Katima Mulilo bridge.
He said involved was a Toyota Sprinter registration number AUB 1316 driven by Nyambe Nyambe aged 29 of Senanga from East to West.
“The accident happened when the driver went and hit into two cows which were on the road being guided. Due to the impact the driver of the vehicle sustained cuts on head and bruises on face,” he said.
Mr Siame said the other passengers Mwendo Brian aged 25 sustained deep cut on fore head and general pains, Mukowa Sianga aged 24 sustained a cut on the face and general body pains, Sitali Songiso age, unknownsustained cut on the face and general body pains.
He said Edward Siasopo aged 23 general body pains, Jonathan (other names unknown) sustained head injuries and other unknown male sustained head injuries and were all adimited to Yeta Hospital.
“Unfortunately, one of the victims, Caleb Matakala aged 18 and the body was deposited in Yeta Mortuary awaiting postmortem,” he said.
Mr Siame said that the driver and one other victim have since been referred to Lewanika General Hospital in Mongu where they are receiving treatment.
(Mwebantu, Wednesday, May 25, 2022)
Wife to late Jerabo Chile one appears in court
WIFE to late prominent Kitwe businessman Richard Mbulu who was shot dead after a marital dispute has today appeared in the Kitwe Magistrate’s Court.
Annie Monta appeared for mention before before Chief resident magistrate Chongo Musonda.
When Magistrate Chongo explained the charge, Monta said said she understood it.
The Magistrate adjourned the matter to a later date for another mention to await instructions from the office of the Director of Public Prosecutions.
Monta could not take plea as the matter can only be heard by the High Court.
Meanwhile, scores of residents were seen at the court premises to catch a glimpse of Monta, who was taken to court in a private motor vehicle.
In this matter, it is alleged that on Apri 30, Monta allegedly murdered her husband who was popularly known as Chile one at their home in Riverside following a marital dispute.
(Mwebantu, Tuesday, May, 24th, 2022)
Court finds a juvenile with a case to answer in matter he is accused of defiling a five year old girl
A FOURTEEN-YEAR-OLD boy of Ndola has been placed on his defence in a case he is accused of defiling a five-year-old girl on different occasions.
In the case, the juvenile who is a grade seven pupil is facing one count of defilement of a girl under the age of sixteen.
It is alleged that on January 31, this year the juvenile defiled the five-year-old girl.
When the case came up before Ndola chief resident magistrate David Chibwili, a police officer, constable Febby Mazuba 43, from Masala police station ‘victim support unit’ told court that on the material day she received a docket of defilement where a 14-year-old boy allegedly defiled a five-year-old girl.
Ms Mazuba said that the victim sustained painful private parts.
She said after being taken to the hospital, it was confirmed that the child was defiled.
“We also went to the scene where the girl showed me the place at her home where she was allegedly defiled from,” She said.
Ms Mazuba said after investigations, the juvenile denied to have defiled the girl.
And after finding him with a case to answer, Magistrate Chibwili advised his parents to find lawyers to represent the child as the case is very serious.
“The offence is a very serious offence whether at his age or adult the minimum imprisonment of this offence is 15 years so you should make sure to find a lawyer,” Magistrate Chibwili said.
Magistrate Chibwili adjourned the case with the hope that the juvenile will find a lawyer.
“I have therefore adjourned this case to June 7 this year for defence and I have extended your bail,” Magistrate Chibwili said.
(Mwebantu, Tuesday, May, 24th, 2022)