Opposition MP’s fraud case adjourned
THE case in which United Party for National Development (UPND) Lufwanyama parliamentarian Leonard Fungulwe has been sued by 2016 losing Patriotic Front candidate Athanase Kaleleka for alleged fraud has been adjourned to next year.
The Kalulushi Magistrate Court on the Copperbelt adjourned the case to next year on January 29th and 30th for start of trial. This is to allow the state to acquire sufficient evidence on the matter.
In this case, Mr Fungulwe was taken to court by the 2016 Patriotic Front losing candidate for Lufwanyama constituency Athanase Kaleleka for alleged fraud.
Mr Kaleleka said he had decided to sue the current MP to serve as a deterrent to others.
The case was supposed to take place for continued hearing but the state said it needed time and to gather the necessary documents and sufficient evidence to show that Mr Fungulwe had allegedly continued drawing a salary as a government teacher even after he had joined politics and without resigning from his position.
He later won the parliamentary seat on the UPND ticket.
Mr Fungulwe stands charged with two counts namely fraud contrary to section 123 of the penal code cap 87 of the laws of Zambia and in the second count obtaining pecuniary advantage by false pretences contrary to section 309A of the penal code Chapter 87 of the laws of Zambia.
A Lusaka-based lawyer representing the accused from Paul and Milner law firm Milner Katolo said the case had taken long and that he had spent a lot of money on air tickets travelling to and from Lusaka whenever attending Mr Fungulwe’s court case.
Mr Katolo said the matter up came by way of a private complaint which was filed in court as far as back as July, 20, 2017 and up to-date nothing had happened in terms of the case starting.
The lawyer said the complainant, Mr Kaleleka, knew exactly what case he had and the documents he needed to furnish to his State lawyers to prove the allegations against Mr Fungulwe. But Lawyer representing Mr Kaleleka, Terence Chabu said it was the first time the matter had come up for trial and further the other delay was caused by the accused’s application to raise the preliminary issue and the counsel for the accused had not shown the tangible prejudice that would be caused if the matter was adjourned to enable the state procure all the relevant evidence. Mr Katolo said Mr Kaleleka should foot the bills for the air tickets he had accumulated travelling from Lusaka to the Copperbelt upfront because according to section 172 of the criminal procedure, it allows the court to make a decision on criminal matters.
But Mr Chabu argued that according to section 172 sub section (1) this only applies where an accused person were convicted previously for any offence before the courts of law.
He said the issue of wasted costs raised by Mr Katolo was not substantial because the matter was premature.
And Kalulushi presiding Magistrate Chrisantos Chandi said he wanted the matter to continue because time had been wasted but he however, allowed the State more time from now up to January next year to put together the much-needed evidence for the case to proceed. Magistrate Chandi set November 24 and December 22, 2017 respectively as dates for mention while trial will start on January 29 and 30, 2018.