MILINGO LUNGU APPLIES FOR STAY TO STOP FORFEITURE OF US$24M

FORMER KCM Provisional Liquidator Milingo Lungu has applied for a stay of proceedings pending appeal in a matter the Director of Public Prosecutions (DPP) is seeking a Non-Conviction Based forfeiture to the State of US$24 million deposited in his three accounts.

Mr Lungu wants the proceedings stayed pending determination of his appeal before the Court of Appeal in which he is contesting the decision of the lower court (Economic and Financial Crimes Court) dismissing his application to cross examine the Konkola Copper Mines Provisional Liquidator and Official Receiver, Ms Celine Meena Nair to test the veracity of the evidence deposed in the affidavit verifying facts by the DPP.

“That I believe the same to be true that the appeal herein raises important points of law as to issues of cross examination of a deponent in non-conviction proceedings which proceedings are unique in nature and are new in so far as the legal landscape of this country is concerned.

“That the basis of non-conviction-based forfeiture is the existence of reasonable suspicion of a criminal offence rendering the seized property to be tainted with illegality,” he said.

Mr Lungu submitted that cross examining the deponent would show the absence of any grounds for the suspicion held that the funds to be forfeited are tainted property.

“We submit that this court ought to stay the proceedings and granting of the same will prevent the continued abuse of constitutional rights of the first interested party herein,” he said.

Mr Lungu