FTJ’s acquittal: State withdraws appeal

The DPP has withdrawn the appeal lodged by the Task Force against FTJ's acquittal.

PRESIDENT Rupiah Banda's government yesterday withdrew the state's appeal against former president Frederick Chiluba's acquittal. Director of Public Prosecutions (DPP) Chalwe Mchenga in a Notice of Withdrawal of Notice on Intention to Appeal stated "to the clerk of court whereas, Dr Frederick Jacob Titus Chiluba, Faustin Mwenya Kabwe and Aaron Chungu were on the 17th day of August 2009 acquitted by the Subordinate Court of the First Class of the following offences: 1. Dr Frederick Jacob Titus Chiluba, 6 counts on the offence of theft by public servant contrary to Sections 272 and 277 of the Penal Code Chapter 87 of the Laws of Zambia and 2. Faustin Mwenya Kabwe and Aaron Chungu, three counts of theft contrary to Section 272 of the Penal Code Chapter 87 of the Laws of Zambia. And whereas on the 24th day of August 2009 a Notice of Intention to Appeal against the said acquittals was purportedly lodged on my behalf by a public prosecutor: Now these presents I, Chalwe Farai Ralph Mchenga State Counsel DPP of the Republic of Zambia do hereby give notice of the withdrawal of the said Notice of Intention to Appeal".
This comes barely a day after President Banda fired Task Force on Corruption chairman Max Nkole following his appeal against Ndola High Court registrar Jones Chinyama's acquittal of Chiluba on all counts of embezzling public funds amounting to US $500,000.

No reasons have been advanced but we hope the action has been taken to allow the DPP to study the matter before deciding whether to lodge an appeal or not. One would think that the Task Force lawyers and not the DPP are in a better position to make that judgement. I smell a rat!

The PANEL