DEFLATED PF commander Francis Muchemwa has lost an appeal to have the Court to allow him squat in his house whilst his criminal proceedings are ongoing.
The Economic and Financial crimes Court has thrown out his application to allow him occupy the house on reasons that humanity cannot be used to blind ‘criminality’ in criminal proceedings.
Muchemwa pleaded with Lusaka Chief resident magistrate Davies Chiwili to allow him occupy at-least a servants quarter at his premises on reasons that he could no longer put up with the lifestyle of being homeless.
Muchemwa said he could no longer endure the wrath of the law as he had become destitute since the Anti-graft fighting body robed him of comfort when it threw him on the streets.
But ruling on the application yesterday, magistrate Chibwili said though the Court has
to release exhibits to those entitled to them, Muchemwa cannot be allowed to access his his house as its source is questionable and pending determination.
“It would be premature to release the propety in question to him (Muchemwa) and it will send a wrong message about the outcome of these proceedings at this stage,”said magistrate Chibwili.
“We are concerned with the law and procedures in criminal proceedings and thus humanitarian considerations can not be invoked or be allowed to mask or interfere with the proceedings. The defence’s application is accordingly dismissed.”
Muchemwa and his companies Friltech Zambia limited and Altitude Properties are facing six counts of possessing suspicious property worth over K12 million and obtaining money through pecuniary advantages.
The matter comes up on February 29.
By Mwaka Ndawa
Kalemba February 28, 2024