JAILED former Lusaka province minister, Bowman Lusambo yesterday took the Economic and Financial Crimes Court by surprise with his dilatory tactics, when he cut short his defense with regard to his fancy Chamba Valley house, and six flats, in protestation that he never took plea to his criminal charges after the Rules of the EFCC came into effect.
He argued that, the Court cannot convict or acquit him as the proceedings were a nullity.
Lusambo in trying to justify how he acquired his house and six flats within the vicinity talked of how he became a ‘business magnate’ by dealing in sound systems and his work history.
He also explained about his involvement in politics at a tender age due to the inspiration he drew from his uncles who were politicians.
However, the Bulldozer abruptly stopped explaining about how he became rich, saying he never took plea to the two charges of possessing property suspected to be proceeds of crime.
“I never took plea on count one and two. These charges were under the indictment before your sister, magistrate Faidess Hamaundu that’s where the ACC got these charges,” he said.
“According to Rule 4(2) of the Economic and Financial Crimes Rules, I was supposed to take plea after the Rules were operational on March 1, 2024.”
His lawyer Nkhula Botha took up from him arguing that the Anti-Corruption Commission has never filed a charge together with the list of witnesses, and statements that would be relied upon in trial.
“The rules came to life and the prosecution served a bundle of documents from the criminal registry. It is irregular, illegal and a nullity to continue sitting in these proceedings because everything we do is a creation of the law,”Botha said.
He submitted that no charge was filed effectively by March 1, 2024 by the State together with supplementary documents such as the list of witnesses, witness statements and list and copies of documents to be relied upon at trial.
“A court which has not been graced with the documents as required by Rule 4 cannot acquit or convict any person as the proceedings are a nullity. As long as the rules are not followed, the trial is a nullity no acquittal or conviction can be made,” Botha said.
“In dispensing justice it is required by the law to do as the higher courts have guided and there is no alternative to the court to admit partial compliance …,”
Before Botha could conclude with his submissions, ACC prosecutor Chawezi Nalwenga proposed that the defense formalize their submissions through writing.
Magistrate Chibwili guided that he will render a ruling on December 13 after the parties file their arguments.
Lusambo dodged cameras on his way to his jail house, as he eluded journalists who camped outside the holding cell of the magistrate’s court, when he left the court premises using the Magistrate’s entrance with the help of police officers and correctional officers.
By Mwaka Ndawa
Kalemba November 29, 2024.
