By Mwaka Ndawa
FORMER president Edgar Lungu’s associate Valden Findlay, his wife Dessislava and his four companies have petitioned the state in the Lusaka High Court for seizing their accounts on the pretext that Findlay was a crook, committed fraud, among various financial crimes.
Findlay, a businessman, Dessislava Findlay trading as D Findlay and Associates, Twatotela Properties limited, Chrismar Earth Moving Equipment Limited and Greenview Service Providers say the secretive freezing of their accounts by the DEC without communication is a violation of their rights to be informed about the allegations they face before DEC takes an arbitrary action and for them to have representation to obtain reliefs from punitive measures taken.
Findlay claimed that wealth grabbed from him by the Drug Enforcement Commission was clean as it was amassed from rentals and various business activities which he was engaged in with tax liabilities having been duly paid and the same can be easily verified and explained.
He said that the money in the law firm’s account belong to clients and was received by his wife for distribution and transfer upon the clients’ requests during business operations.
The plaintiffs are seeking a declaratory order that the seizure notices on their accounts are illegal.
They want a declaration that the freezing of the accounts without notification and being given an opportunity to legal representation violates their rights to the presumption of innocence and fair hearing before punishment is meted on them.
The plaintiffs are seeking an order that the accounts be released.
They are further seeking orders for renumeration of the seized accounts, damage to property and unlawful conduct by the DEC aimed at painting Findlay black without giving him an opportunity to be heard.
The plaintiffs said on August 16, 2021 after the announcement of the 2021 general election results, the Financial Intelligence Centre (FIC) directed the freezing of two Kwacha accounts Twatotela Properties limited (account no.101023160002 and D. Findlay and Associates (account no.1010231001 and 1010231004) domiciled at First Alliance Bank Zambia limited without notice or formal communication.
They said on August 30, 2020 their advocates, Messrs Makebi Zulu Advocates, wrote to FIC to provide details and supplementary documents of the transactions on the accounts belonging to the law firm of Findlay’s wife and Twatotela Properties.
“On August 20, 2021 the Drug Enforcement Commission issued a public statement circulating on various internet social media platforms that Findlay’s bank account had been frozen,” the plaintiffs said.
“There has never been any communication, public or private, to any of the other petitioners by DEC or any other law enforcement agency.”
The complainants stated that a number of false, malicious and defamatory publications appeared on numerous internet social media platforms against Findlay alleging that he had perpetrated financial crimes, money laundering and should be subjected to investigation and prosecuted for the alleged crimes and had abused his acquaintanceship with Lungu.
They said on September 3, 2021, they received formal communication from First Alliance Bank that their accounts were seized by the DEC pursuant to Section 15 of the prohibition and prevention of money laundering Act no.44 of 2010.
Findlay, his wife and companies contended that they are unable to make transactions on the said accounts.
They said there are no reasonable grounds upon which the DEC can believe that the funds were laundered or obtained from illegal activities.
“Your petitioners believe that their rights to be presumed innocent until proven guilty have been breached as they have been punished, condemned and punitive measures taken against them without any trial,” the plaintiffs said.
The businessman stated that in October 2021 the Anti-Corruption Commission searched his house in new Kasama and farm in Chisamba and caused damage to their property but himself and his wife have never been summoned, warned, arrested and charged by the ACC neither have they been informed of the investigations.
The Findlays charged that the searches conducted by ACC without a valid search warrant were illegal, and in violation of their Constitutional rights.
The plaintiffs further stated that their advocates wrote to DEC to release their funds but the Commission declined as investigations were still ongoing.