LUSAKA MAGISTRATE COURT HAS DISMISSED AN APPLICATION BY FORMER FINANCE BANK ZAMBIA LIMITED CHAIRMAN RAJAH MAHTANI TO HAVE HIS CRIMINAL PROCEEDINGS DISCONTINUED

LUSAKA MAGISTRATE COURT HAS DISMISSED AN APPLICATION BY FORMER FINANCE BANK ZAMBIA LIMITED CHAIRMAN RAJAH MAHTANI TO HAVE HIS CRIMINAL PROCEEDINGS DISCONTINUED.

THIS IS A MATTER IN WHICH DR MATHANI AND HIS CO-ACCUSED ARE FACING CHARGES OF OBTAINING CREDIT BY FALSE PRETENCE INVOLVING 6.5 BILLION KWACHA FROM FINANCE BANK ZAMBIA LIMITED.

BUT DR  MATHANI`S LAWYER JOHN SANGWA ON 17^TH JANUARY 2011 MADE AN APPLICATION FOR  THE SAID CRIMINAL PROCEEDINGS  TO BE DISCONTINUED  ON THE GROUNDS THAT,  AMONG OTHERS,  THE ARREST OF  HIS CLIENT WAS PART  OF A PLAN TO DESTROY  HIS CLIENT.

DELIVERING  HIS RULING THIS MORNING, PRINCIPLE RESIDENT MAGISTRATE  DAVID SIMUSAMBA  TOLD THE COURT THAT  WHILE THE SUBMISSION BY THE DEFENCE SUGGEST THAT THE ARREST OF DR MATHANI IS  WELL  PLANNED COLLUSION BETWEEN THE EXECUTIVE  INSTITUTIONS  TO OPPRESS THE APPLICANT, HE MUST LOOK AND INQUIRE INTO THE ACTIONS OF THE BANK OF ZAMBIA AND THE DRUG ENFORCEMENT COMMISSION BUT THERE IS ALREADY A WAY OF JUDICIAL REVIEW  WHICH HE HAS NO JURISDICTION  OVER.

MAGISTRATE SIMUSAMBA FURTHER RULED THAT THE MERE FACT THAT THE EVENTS STARTED AT THE CHANGE OF GOVERNMENT IS NOT SUFFICIENT TO ARRIVE AT THE DETERMINATION THAT THE PRESIDENT AND HIS AGENTS IS BEHIND THEM.

HE HAS SINCE ORDERED THAT TRIAL IN THE MATTER PROCEEDS ACCORDINGLY AND ADJOURNED  TO 21^ST MARCH 2011 FOR MENTION AND SETTING UP OF THE TRIAL DATE.

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