THE plan by former Lusaka province minister Bowman Lusambo to hamper criminal proceedings relating to his fancy Chamba valley house and six incomplete flats, has failed, as the Economic and Financial Crimes Court has ruled that he will conclude his defense.
Lusaka Chief resident magistrate Davies Chibwili said Lusambo’s claim that he did not take plea when the EFCC rules were effected, is annoying and lacks merit.
Lusambo had taken the court aback when he curtailed his defense in protestation that he never took plea for his possession charges under the Economic and Financial Crimes rules of Statutory Instrument no. 10 of 2024.
He said his proceedings were a nullity and the court can neither convict nor acquit him.
“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,” said Lusambo.
“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.”
Ruling on the matter, Lusaka chief resident magistrate Davies Chibwili said it was surprising that the defence have questioned the legality of the proceedings.
“The whole case has been dogged with numerous applications from the defence but the accused did start his defence,” he said.
“The accused took plea on July 26, 2023 and we then proceeded to trial and by the time the EFCC rules were coming in, in March, 2024, the prosecution had already brought eight witnesses.”
He said there was no need to take fresh plea and file witness statements for witnesses who had already testified.
“The position taken by the defence is frivolous and vexatious and the application is dismissed for lack of merit,”directed magistrate Chibwili.
He adjourned the case to January 10, 11 and 12, 2025, for continuation of defence.
In this matter the jailed former Kabushi member of parliament is facing two counts of possessing property suspected to be proceeds of crime.
It is alleged that Between May 1, 2015 and December 31, 2021 Lusambo possessed property no. F/609/E/44/B/9 which is a single storey four-bedroomed house and a guest wing and an incomplete block of six flats which are suspected to be tainted..
