AFTER struggling to bring witnesses to help exonerate him, retired PF commander Francis Muchemwa will know his fate on July 26 when the Economic and Financial Crimes Court delivers its judgment.
Muchemwa’s lawyer Handson Talanti had asked the Court to grant his client more time as his defense witness was on paternity leave.
He said his client also intended to subpoena other witnesses from Zesco and Massbreed.
ACC prosecutor Chawezi Nalwenga opposed the application as Muchemwa and his companies had ample time to make the necessary application to subpoena two witnesses from Zesco and Massbreed .
“This matter last came up on May 8, 2024 for continued defense and came up yesterday, the defense was still not ready to proceed. They made it clear it their maiden speech at the commencement of defense that they will call 8 witnesses they have only called four,” she said.
“We vehemently object the application for an adjournment as there are no exceptional circumstances to warrant the same. Should the court be of the view that the application ought to be granted, we pray that the matter comes up in June taking cognizance of the time frame allocated to EFCC cases.”
She said there was only one month left to dispose of the case and prayed that the application be dismissed.
Lusaka principal resident magistrate Davies Chibwili noted that Muchemwa had caused many adjournments in the case since he was placed on defense in October 2023 and he has not gotten it over with despite
the Court being magnanimous in granting the applications.
He said the circumstances on which an adjournment were sought were not compelling and threw out the application.
Talanti further indicated that his client had not given him instructions to proceed with defense without the witness who was on paternity leave.
ACC senior prosecutor Daniel Ngwira said the prosecution was not backing down on the Court’s decision and proposed that Talanti recuses himself if at all he did not have instructions.
“If he has no instructions to proceed he may recuse himself, the accused will represent themselves. My colleague has no business here,”said Ngwira.
Magistrate Chibwili proceeded to Close Muchemwa’s defense.
“Since counsel has no instructions I will then consider the defense’s case closed. The defense can file witness submissions. I may be wrong as at now but this is what I believe the law requires,”said magistrate Chibwili.
He set July 26, for judgement.
In this case 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.
By Mwaka Ndawa
Kalemba June 6, 2024.
