BY LUCY PHIRI
FORMER Secretary to the Treasury Fredson Yamba has ask the fast track court to be separately charged with former Foreign Affairs Minister Joseph Malanji as they are facing different charges.
Yamba is accused of having failed to follow procedure in relation to the buying of an estate in Turkey while Malanji is accused of being in possession of a hotel and helicopters, property reasonably suspected to be proceeds of crime.
Yamba is charged with two counts of willful failure to comply with applicable law while Malanji is charged with eight counts of being in possession of property suspected to be proceeds of crime.
When the matter came up before magistrate Ireen Wishimanga, defence counsel Mr. Geoffrey Mwamba lawyer for Yamba raised a preliminary issue that he be separately charged with Malanji because the charges do not meet any criteria for jointly charging them.
Mr Mwamba submitted that the two cannot be jointly charged because there was no connection to be tried together and they need to be charged separately.
And Mr. Makebi Zulu who is representing accused Malanji said he agreed with Mr. Mwamba to have the two men separately charged.
Mr Zulu submitted that there was nothing in the charges relating to Yamba that touches Malanji.
He said the state did not say that they were acting together, the charges where different, the second accused, Malanji shows possession of property suspected to be proceeds of crime and not willful failure.
The defense team also objection to the amended indictment by the state indicating that the charges relating to count one and two does not disclose the offence and the charges the accused committed.
The defence also submitted that sufficient details in a charge is a constitutional issue and that the indictment in its current form is sufficient.
“I pray that the question as to whether the accused will be accorded a fair hearing be refer to the high court for determination whether they will receive a fair trial before this court,” said Mr Jonas Zimba.
In response, the state objected to the application made by the defence, stating that the amended indictment had sufficient details to enable both accused persons prepare for their defence.
Ms. Monica Chipanta Mwansa said the state brings the preferred charges against the accused persons, indictment before the court has met the requirements in its form and contents.
The court has since adjourned the matter to November, 18 for ruling.
