Those of us that have followed the chiluba london case closely should now be happy that it has been concluded.but what do u say but the whole outcome of this case.lets share out views as zedians.
Those of us that have followed the chiluba london case closely should now be happy that it has been concluded.but what do u say but the whole outcome of this case.lets share out views as zedians.
sorry !
BASHI CASTRO ! LOL I'LL BE BACK
where's castro at nowadays i still owe him a drop kick to the throat
Castro has all his powers stripped off. Just the time FTJ who supported foolishness left office, Castro realised that it was time to behave. After shooting Elijah Litana on the leg and paralysed the Zambia National Soccer team and doing all the rubbish he could afford at that time, he is now back to reality.
wat was the outcome
Chiluba guilty
By LILLIAN MUSENGE
LONDON Court Judge Peter Smith has ruled that former president Frederick Chiluba and 18 other Zambians conspired to defraud the Government of US$46 million and ordered that the defendants pay back the Zambian Government 85 per cent of the stolen cash within 14 days.
But the former Zambian president has said the matter was political and that its outcome was predetermined.
Delivering judgement in London yesterday, Judge Smith held that Dr Chiluba and others conspired to misappropriate US$25,000,000 under the “Satrap Conspiracy” and US$ 21,000,000 under what is called the “BK Conspiracy” in which Government entered into a fictitious deal of arms supply to Zambia with the help of a Congolese national, Raphael Soriano also known as Katebe Katoto.
This was in a civil action in which the Attorney General sued the defendants in the London High Court. The defendants included a London law firm, Meer Care and Desai.
Others defendants are fugitive former Zambia Security Intelligence Services director-general, Xavier Chungu, former Zambian Ambassador to the United States Atan Shansonga, former Finance and National Planning permanent secretary, Stella Chibanda, Access Financial Services Limited executive director Aaron Chungu, Lusaka businessman Faustin Kabwe and former Zambia Consolidated Copper Mines chairman Francis Kaunda.
Judge Smith directed that Dr Chiluba and his fellow defendants must pay back the sums attributed to each of them within 14 days from the day of being served with the judgement and order.
The Zambian Government sought legal action to recover sums, which were transferred by the Ministry of Finance between 1995 and 2001.
"The case falls into three distinct parts. The first arises out of the transfer of about $52,000,000 from Zambia to a bank account operated, it is alleged, outside ordinary governmental processes called the Zamtrop Account held at Zambia National Commercial Bank Limited (ZANACO) in London,” Judge Smith said.
“This has been called throughout the proceedings the ‘Zamtrop Conspiracy.’ The second claim relates to a UK registered property company called MOFED Ltd. The Zambian Government owns it.
This has been known as the ‘MOFED Claim’ and relates solely to thefifth defendant Atan Shansonga.”
It is a claim for breach of fiduciary duty on the basis that a consultancy agreement was improperly obtained by him in relation to the letting of the property owned by MOFED, which provided for him to receive £100,000 per annum, the Judge observed.
"The third related to payments of about $20,000,000 made by Zambia pursuant to an alleged arms deal with Bulgaria and paid into accounts in Belgium and Switzerland at least some of which funds found their way to London.
This claim has been known throughout the litigation as ‘The BK’ Conspiracy," he said.
Judge Smith further ruled that Chiluba, Chungu and Chibanda had broken the fiduciary duties they owed to the country while Kabwe and Aaron Chungu dishonestly assisted in such breaches.
"The conspiracy was effected because of the intimidation of Government employees by Chibanda and maintaining that there should be no challenge to what was going on because it was all "secret operations" of the Government security arm (Zambia Security Intelligence Services). None of this was true,” judge Smith said.
The Zamtrop Account, he ruled was set up as part of the conspiracy to steal. “It was operated under the Financial Charter 1970 to hide what was going on and to inhibit legitimate queries.”
By operating under that regime, Judge Smith held that Chiluba and Chungu were able to restrict investigation of the operation into the Zamtrop Account.
"The only other person who could have intervened was the former Auditor General but for reasons that were not clear he did not do so. There was no lawful reason for this operation. It was the vehicle for fraud,” he said.
He said there was equally no legitimate basis for the payments made out under the BK Conspiracy.
“There were no genuine arms sales to justify the payments nor would the Republic have entered into the arrangements it did if it had been properly advised.”
“This too was merely a vehicle for their fraudulent removal of Government money by the Zambian based defendants (save Francis K),"he said.
The two English law firms Meer Care and Desai and Cave Malik and Company have also been held to have conspired with the Zambian defendants to misappropriate monies from Zambia to a tune of US$10,000,000 and US$ 3,000,000 respectively.
Judge Smith further held that the two English firms’ dishonestly assisted the Zambian defendants in their misconduct.
The Judge stated that Shansonga was liable to dishonest assistance in the sum of US$2, 900,000 while Katoto was adjudged to have fully participated with the Zambian defendants in the “BK Conspiracy” and was liable for the misappropriation of US$21,000, 000 of stolen Zambian Government money.
Judge Smith found that Boutique Basile, a Swiss tailoring firm was liable for US$1, 200,000 in conspiracy and dishonest assistance.
He found that at least US$500,000 of the sums received by Basile were spent on clothes for Dr Chiluba.
"The most telling example of corruption was the clothing acquired by FJT. He had a worldwide reputation as being a smart and expensive dresser.
He had his own stylish suits with his initials (FJT) monogrammed on them, a large number of specially made signature shoes and literally thousands of monogrammed shirts.”
"As President he earned about $105,000 over 10 years.
Yet an exclusive shop in Switzerland (Basile) received $1,200,000. The Attorney General of Zambia established the entirety of this was stolen from the Republic mostly via the use of the secret Zamtrop Account which had been set up and controlled by XFC under the personal supervision of FJT,” he said.
The Judge said this was happening at a time when the vast majority of Zambians were struggling to live on US$1 a day and many could not afford more than one meal a day.
"Just under $500,000 was apparently spent on clothes for FJT, the rest is completely unaccounted for.
FJT had the benefit of this largesse at the expense of the people of Zambia. He still wears some of the clothes, " he said.
The Judge stated that Dr Chiluba has had numerous opportunities to explain to the Zambian people over the funds but he has failed to do so.
" There is no evidence to show FJT had the personal wealth to buy these clothes. Nor is there evidence contrary to statements he made to the press that it was funded by gifts paid into the Zamtrop account. It was simply stolen from the Republic,” he said.
But Dr Chiluba said Judge Smith has prejudiced and undermined the proceedings and outcome of the criminal trial currently taking place in the Lusaka Magistrates Court.
The former president said proceedings before the Zambian subordinate courts have been rendered academic.
"The repeated but false assurances from Judge Peter Smith that his proceedings would be ring-fenced and shielded away from the media and the public to ensure that matters before the Lusaka Magistrates Court are not prejudiced or influenced, is contemptuous as he has read the judgement in open public glee.”
"My fundamental right to be presumed innocent until proven otherwise by a competent court in Zambia as guaranteed by the Republican Constitution has been violated by this ruling," Dr Chiluba said.
He however, stated that he would give a thorough and consolidated reaction to the judgement later.
It is sad that some people who claim to be good leaders can have very expensive cloth worth a lot of money that can feed a lot of Zambians.
The only reason I am dissapointed with the judgement is that it is not stiff for the fools who reduced Zambia to these levels of poverty. A life sentence in addition to returning back everything that was stolen surely would have done!!!
yes what was the outcome or out cum lol
The out come is disappointing. Chiluba will only pay us a small portion from the big chunk he stole, very unfair. This man should have been told to pay everything he stole and then jailed for life. Atleast it would serve as a life lesson to those who seek political power for thefty.
misappropriate US$25,000,000
you wonder why Zambia is poor!
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