IMMUNITY REVOCATION SURPRISES MILINGO
FORMER Konkola Copper Mines (KCM) provisional Liquidator Milingo Lungu has expressed surprise at the revocation of the questionable immunity granted to him by former Director of Public Prosecutions Authority (DPP) Lillian Siyuni.
On Thursday, National Prosecutions Authority (NPA) spokesperson Chali Mbewe Hambayi announced that new DPP Gilbert Phiri had reviewed the immunity granted to Lungu and used his powers to revoke hinting that the underdressure lawyer may face fresh arrests.
But Lungu feels DPP Gilbert Phiri is offside on the decision because as far as he is concerned it amounts to a breach of an agreement.
Lungu was let off the hook by Siyunyi on April 5,2022 for theft and money laundering involving K4.4 million and K17,250,000 which he is alleged to have embezzled from the mining company.
In an interview with #Kalemba Lungu charged that the cancellation of his amnesty is confirmation by the state that the indemnity agreement existed.
“The issue of immunity agreement is before the court, we are actually quite surprised with the development because the Attorney General in the court case has said that there was no such things as an immunity agreement but for the new DPP to revoke it, it means he’s (Phiri) acknowledging that it was there and it was effective so we will just wait for the courts I think to clear up the confusion,”Lungu said.
He said the state cannot annul the immunity agreement single-handedly.
Lungu added despite the contradiction by the State in regards to his exoneration the same is still in existence and ought to be fulfilled.
“… that’s the confusion that is there, their (State) lawyer the attorney general is saying it didn’t exist now this new DPP is saying it existed so we don’t know which is which for us the issue has always been that there’s an agreement with the State and the State has to honor it,” said Lungu.
Lungu has since petitioned the State before the Constitutional Court over his re-arrest by the Drug Enforcement Commission over his re-arrest on allegations that he bought a house using ill-gotten wealth after its agents promised not prosecute him for any crime in future.
Attorney general Mulilo Kabesha indicated that Lungu cannot be shielded against criminal prosecution because he was not acquitted of the criminal charges and that his exoneration was not valid.
Konkola Copper Mines has equally sued Lungu and his law firm Lungu Simwanza and Company in the Lusaka High Court for the alleged grand theft of US$59,336,903 as benefits for services rendered as provisional liquidator and US$29, 154,319.44 for purported legal fees.
In his defence to the claims by the mining company Lungu said he kept possession of KCM’s money in his law firm Trust account to secure his interest as a priority creditor of the mining company pending reconciliation of accounts pursuant to the settlement agreement with the Acting Official Receiver of KCM dated March 17,2022.