STARDY MWALE WITH HIS CO-ACCUSED ASK COURT TO REFER THEIR GULFSTREAM JET CORRUPTION MATTER TO HIGH COURT
January 23, 2024…Lusaka
FORMER Ministry of Defence Permanent Secretary in the Patriotic Front (PF) regime, Stady Mwale and five of his co-accused for corruption in the purchase of controversial Gulfstream G650 Presidential Jet have applied in the Lusaka Magistrates’ Court to have their matter taken to the High Court.
Mwale and his fellow accused through their lawyers are citing what they describe as prejudicial comments on their matter made by both President Hakainde Hichilema and Minister of Defence Ambrose Lufuma at separate foras.
This is in a matter in which Mwale and five others have been arrested by the Anti Corruption Commission for corrupt practices involving more U$573.9 million for the procurement of Gulfstream G650 Presidential Jet.
When the matter came up for possible commencement of trial, defence lawyers representing the accused persons applied for the case to be referred to the High Court because their clients feel that the utterances made by the head of State President Hakainde Hichilema during the Judicial Conference held in Livingstone on November, 29 2022 and what Minister of Defence Ambrose Lufuma said in Parliament were prejudicial to their case.
The lawyers led by senior counsel Milner Katolo and Jonas Zimba said during the Judicial Conference President Hichilema discussed the issue of the Gulfstream Jet G650 at length and told the conference that the plane was over-priced during the procurement.
The defence lawyers feel that the utterances by the Head of State puts their clients on trial outside Court which already predetermain the outcome.
The lawyers contend that it is difficult for the accused to fight for their freedom when the most powerful man in the land continue to comment on their case in such a manner.
They said such utterances offends especially when they come from higher government officials, with grave consequences to the accused persons especially when President Hichilema was addressing Judicial officers who are tasked to handle the cases in the courts law.
The defence lawyers also said continuing with the matter will amount to rubber-stamping a process and find the accused guilty.
“The application is not intended to waste Court’s time, but to protect the proceedings that are carried out in this honourable court,” they submitted.
But State lawyers contended to the application that it was not rightly before the Courts and that they were not privy to the alleged statement made by President Hichilema at the Judicial Conference and they asked the court to quash the application.
However, Chief Resident Magistrate Davies Chibwili raised concerns that whenever the case came up for possible commencement of trial there were applications and counter applications leading to delaying matter.
Magistrate Chibwili however reserved ruling on the application by the defence for Monday, January 29, 2024.