Chiluba asks for acquittal
2008-01-07 21:05
Lusaka - Zambia's ex-president Frederick Chiluba, who is facing graft charges, made his final submission on Monday ahead of judgement next month and asked the court to acquit him on all the charges which he said were based on "fiction".
Chiluba, who ruled Zambia from 1991 to 2001, is accused of having stolen about US$500 000 from state coffers during his reign using the intelligence agency accounts as a shield.
In a lengthy submission to court, Chiluba, through his lawyers, said the government failed to prove the allegations against him that he stole public funds.
"The prosecution has failed to make a case against Chiluba and we pray that this court dismisses the case against him and forthwith acquit him," his lawyers, John Sangwa and Robert Simeza, said in their submission.
The judgment by the trial magistrate court is scheduled for early next month. His trial began in September 2004.
"The prosecution case in based on fiction," they said.
"Evidence also confirms that Chiluba played absolutely no role in authorising or initiating these payments," the lawyers said.
Chiluba, who is charged with two others, said that he was protected by the constitution against any criminal charges for acts that he may have committed while performing his official duties of president.
"The charges brought against Chiluba for acts or offences allegedly committed whilst acting in his official capacity are legally incompetent as he is not amenable to the criminal jurisdiction," Chiluba's lawyers said.
Chiluba was arrested in 2003 after his hand-picked successor President Levy Mwanawasa accused him of stealing huge sums of money from state coffers during his tenure.