It is clear that law enforcement agencies under President Michael Sata’s Patriotic Front (PF) government are determined to have freelance journalist Chanda Chimba, III sent to prison and will stop at nothing to nail him to the cross. This was evidenced in the Lusaka Magistrates Court on September 10, 2014 when a prosecution witness told Principal Resident Magistrate Obbister Musukwa how in May 2012 he was visited by some officers he said were from the Drug Enforcement Commission (DEC). It looks like now they want to get him down for alleged tax evasion
Chimba is appearing with former Information Minister Lt. Gen. Ronnie Shikapwasha and his former Permanent Secretary Dr. Samson Phiri who are both charged with abuse of office in relation to the Stand Up For Zambia television documentary.
Dennis Banda an assistant tax inspector in the Domestic Taxes Division of the Zambia Revenue Authority (ZRA) told the court that through the office of the Commissioner General he was delegated to assist the officers regarding the tax status of a company called Phibajo Productions in which Chimba is the director.
Asked by state advocate Martin Mayembe from the Anti-Corruption Commission (ACC) if he recalled being visited by some officers from the Government Joint Investigation Team (GJIT) Banda 33 of house number 686 Chelston Extension in Lusaka responded, “Yes, in fact they started with the Commissioner General then the responsibility was delegated to me. They wanted to know the tax position of a company called Phibajo Productions,” he told the court. Banda narrated that the officers said they were instructed to establish the tax amounts paid to the ZRA by Phibajo Productions. “I established that the company was registered in 2005 and to date there are no activities or transactions on the account,” Banda told Magistrate Musukwa.
Defence lawyer Maj. Charles Lisita for Chimba and Dr. Sam Phiri objected to the line Banda was taking in giving his evidence. “I have difficulties in appreciating this evidence as I find that it may be prejudicial to Accused 2 who is here on a charge of having property being proceeds of crime and two other charges of unlawful publishing,” he argued. “How does this witness tell us about activities of Phibajo? This evidence may be prejudicial to Accused 2 and I need your guidance,” Lisita pleaded with the court.
In response the state argued that Phibajo Productions was a business. “We have laid our evidence and are making a nexus. You can be assured that no evidence will be brought from the back door,” Mayembe said.
But at one point Magistrate Musukwa asked the prosecution and defence counsels to follow him to his chambers just when Chimba’s defence lawyer was about to raise an objection on how the witness was continuing on the stand. This was when the prosecution witness Banda attempted to say that Chimba trading as Phibajo Productions was not remitting tax, in short, that he was evading tax.
In chambers Magistrate Musukwa told the defence that the state were at liberty to use whatever strategy they had to prosecute their case and that the defence would have chance to cross examine the witness. Upon resuming in open court Magistrate Musukwa said it was up to the State to see the link and directed that the witness proceeds. But Chimba through his lawyer Maj. Lisita sought an adjournment in order to make further consultations. “I am instructed by my client to ask for an adjournment to seek further consultations with me and any other legal minds,” said Maj. Lisita
The state through Mayembe objected saying, “This adjournment is not being made in the interest of justice.” Mayembe accused the defence of dragging and delaying the matter which he said had already been before more than three magistrates. Defence lawyer Hobday Kabwe for Gen, Shikapwasha objected to what he called irrelevant issues brought in by the State emphasising that the issue was strictly about an adjournment. The Court then ordered the State to stick to the issue of adjournment.
In further rejecting the adjournment Mayembe said, “They have refused to give reasons for adjournment. It is unfortunate that counsel should seek further instructions as it shall mean at every stage evidence is not anticipated, counsel will seek adjournment delaying this matter further.” Mayembe further added that the State was also objecting because there is no plausible ground to warrant it but to delay the proceedings.
At this point defence lawyer Kabwe chipped in saying the request to adjourn has far reaching constitutional bearings and made reference to Article 18 of the Constitution which entitles Chimba to seek further consultation with a lawyer of his choice on how best he should proceed. “It is so fundamental in criminal proceedings and is not an opportunity to delay or waste time,” he submitted.
With Magistrate Musukwa following the proceedings keenly and taking down notes, defence lawyer Maj. Lisita said another fundamental basic right is that Chimba is given all the opportunity to defend himself. “It is a pity my brother does not see confidentiality with my client. The issue is not to delay trial but for Accused 2 to exercise his fundamental right and instruct me fully on how to proceed,” submitted Lisita. “The point my brother raised that at every point, we would need to consult at every stage is correct. If client thinks he has to, he is entitled to it,” he added.
After considering the submissions by the state and defence as well as the constitutional rights of Chimba, Magistrate Musukwa ruled that no one can stifle the constitutional rights of an accused person seeking to have a matter adjourned in order to further consult with his legal counsel. He granted the adjournment and the matter will come up on September 30, 2014 at 08:00 hours for continued trial.
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