By MAIMBO MWEEMBA
Former Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu says he is trying his possession of property reasonably suspected of being proceeds of crime case before the Economic and Financial Crimes Court is discriminatory.
Mr Lungu, 43, a legal practitioner said this through his lawyers Makebi Zulu and Sakwiba Sikota when he appeared before Lusaka magistrate Sanford Ngobola today.
It is alleged that Mr Lungu between January 1, 2011 and March 31, 2022 possessed stand number 7934 Sunningdale, Lusaka, a property reasonably suspected being proceeds of crime but he is yet to take plea.
And Mr Lungu has raised a preliminary issue and has asked the court to refer the case to the Constitutional Court for determination of constitutional issues.
Mr Lungu wants the court to determine whether the creation of the Economics and Financial Crimes Court which is handling his matter was justifiable in a democracy and whether the same was in tandem with the principle of Constitutionalism.
He that argued that magistrate Ngobola who is handling Lungu’s case was one of those magistrates appointed to hear such cases under the newly created Economic and Financial Crimes Court.
Mr Lungu also said there was some kind of discrimination by allocating certain people like Mr Lungu to the Economic and Financial Crimes Court.
‘Equality should be assured not only between one accused and another but also between the prosecution and the accused, no person should be subjected to a process which appeared to be discriminatory but all accused persons must stand on the same footing at the bar of justice.
State prosecutor Sipholiano Phiri sought an adjournment to enable the prosecution adequately prepare a response.
Magistrate Ngobola adjourned the case to May 6, 2022 for the State’s response.