Highly incriminating evidence confirming the massive plunder of Billions of Kwacha from accounts held by the defunct “task force on corruption” may be expunged from court proceedings if an application by Nchito and Nchito lawyers is granted by Judge Kondolo next week.
The documents show that the Bank of Zambia tried to cover up theft of funds and abuses of other assets which were under the custody of Marshall Mwansompelo, a key witness brought by Mutembo Nchito in the prosecution of second Republican President Frederick Chiluba.
About K1.5billion stolen from the accounts was used to pay prosecution witnesses who testified against Dr. Chiluba.
The memoranda by internal BOZ lawyers Dr. Leonard Kalinde and Geoffrey Mulenga reveal extreme worry that disciplining Mwansompelo would be handing a “smoking gun” confirming allegations of massive theft and abuse of assets disclosed by an internal BOZ audit.
In the application Nchito and Nchito are asking Judge Kondolo to expunge the memoranda from the record because the information was privileged.
Ordinarily however privilege only attaches to information between a professional such as a Doctor or priest and a client. No lawyer, for example can be compelled to disclose information gleaned from discussions with a client. However according to Legal dictionaries a communication is not confidential and therefore not privileged if it is overheard by a third party who is not an agent of the listener in any of intention to raise a preliminary issue on a point of law pursuant to Order 14A RSC 1999 Edition, they contend that the Memoranda by its in-house lawyers contain information which is privileged.
The Notice has been filed by Messrs. Nchito and Nchito as advocates for the Bank of Zambia.
This law firm and its predecessor firm, MNB Legal Practitioners, has been representing Bank of Zambia on the Access matters in the High Court since January 2003.