COURT HALTS MILINGO CASE

…to allow for determination of immunity case

THE Constitutional Court has stayed all criminal proceed ings in the subor dinate court against former KCM provisional liquidator Milingo Lungu until determi nation of his petition where he is challenging the State’s decision to re-commence criminal action when he was granted immunity from pres ent or future prosecution.

This follows an application by Mr Lungu to have the crim inal proceedings where he is charged with one count of pos session of property suspected to be proceeds of crime before the Economic and Financial Crimes Court stayed pending determination of his petition filed in the Constitutional Court.

Delivering ruling on the application yesterday, Justice Martin Musaluke said allowing the criminal proceedings in the subordinate court to contin ue would be prejudicial to the petitioner as the constitution al issues raised in the petition ought first to be determined by the ConCourt.

Justice Musaluke said the ConCourt has the jurisdiction under article 128(2) of the Constitution to stay civil or criminal proceedings before any court pending determi nation of constitutional issues raised.

He said the decision to stay the criminal proceedings was aimed at preserving the integ rity of the actions before the superior court.

“This ruling denotes that no party, interested individual or entity is to take action in the criminal proceedings currently before the subordinate court involving the petitioner until the Court determines the pe tition on constitutional issues before it,” he ruled.