Economic Crimes Court rejects Milingo’s bid to cross-examine KCM liquidator

THE Economic and Financial Crimes Court (EFCC) has declined to grant former KCM Provisional Liquidator Milingo Lungu, permission to cross -examine his successor, Celine Meena Nair to test the veracity of the evidence deposed in the affidavit verifying facts in a matter the Director of Public Prosecutions (DPP) applied for the forfeiture to the State of US$24 million deposited in his three accounts.

The court has also declined to grant leave to Konkola Copper Mines (KCM) (in-liquidation) to file a clarifying or affidavit in rejoinder. This is according to a combined ruling delivered by the panel comprising Judges, Ms Pixie Yangailo, Ms Ann Malata-Ononuju and Mr Ian Mabbolobolo.

Mr Lungu in his application contended that the official receiver and KCM provisional liquidator Ms Nair raised contentious issues in the affidavit verifying facts, therefore there was need to test the veracity of the issues raised by cross-examining her for justice to be served.

The KCM opposed the application with Ms Nair contending that the court is able to form a view on the matter without having cross examination of the deponent.

In ruling,the court held that Mr Lungu had not established that the affidavit evidence before court was not sufficient for purposes of determination of whether the property in issue is tainted or not.

“Additionally,the first interested party has not advanced good and convincing reasons upon which we should exercise our discretion to grant leave for cross examination of the deponent,” said the court. The court also denied KCM its application for leave to file a clarifying or affidavit in rejoinder as the rules of procedure clearly stated that only the applicant can file a clarifying and or rejoinder affidavit by way of reply.

The court reserved March 27, 2024, as the date of the hearing of the substantive application by the DPP to have the stated money forfeited to the State.

According to DEC investigations, it is alleged that Mr Lungu took advantage of his position as KCM liquidator and stole US$40 million belonging to the mining firm.

The said accounts were opened on 2021.