Graft trial against former Zambian president Frederick Chiluba fails to
resume as the embattled ex-leader prepares his defence. Chiluba is charged
with theft of about 500,000 US dollars of public funds. 

LUSAKA, ZAMBIA (MAY 5, 2008)  REUTERS -

 The trial involving former Zambian president Frederick Chiluba has
failed to take off in the Lusaka court because the magistrate handling the
case, Jones Chinyama, did not turn up in court.
    Chiluba was scheduled to start his defence after he and two others were
ordered by the court to show cause why they should not be convicted on charges
of theft of about half-a-million US dollars in public funds and abuse of
office.
    The two others accused with Chiluba are financial advisors and former
directors of Access Financial Services Limited (AFS), Faustin Kabwe and Aaron
Chungu.
    Despite the delay, Chiluba says he and his team are ready for the
trial.
    Chiluba was accompanied to the courts by his wife Regina. The case has
now been rescheduled for May 12, 2008.
    "Dr. Chiluba is very hopeful that the courts will clear him
because he feels the allegations against him are not tenable, he contends that
there was no theft or
abuse of his position as republican president and he is ready to tell the
court his side of the story," said Emmanuel Mwamba, Chiluba's
spokesperson.
    The trial began in September 2004, but was repeatedly delayed by legal
technicalities and by Chiluba's deteriorating heart condition. Thirty-five
witnesses gave evidence against the former head of state.
    Chiluba, 65, served two terms as Zambia's president from 1991 to 2001.

    The former leader has accused current president Levy Mwanawasa of
leading a political campaign against him. Zambia's parliament removed
Chiluba's immunity from prosecution in 2002 following a request from
Mwanawasa.
    Mwanawasa has offered to pardon Chiluba if he admits he is guilty and
returns 75 percent of the cash he is said to have stolen, but the ex-leader
denies any wrongdoing.
    Prosecutors argue that Chiluba stole funds from the treasury and
transferred them to a foreign account operated by the National Intelligence
Agency in a London branch of the Zambia National Commercial bank (ZNCB).
    Chiluba has said some of the funds were his own money, given to him by
his friends, while the rest was for national duties taken by the intelligence
agency.   
    The Zambian courts ruled that Chiluba would have to show how his
private money ended up in a government account and prove who gave it to him.

    "If he feels that he is not guilty of corruption, let him use the
court process to clear his name. On the other hand, if at all there is enough
evidence to have him convicted, the law, we will support the law to take its
course in that particular regard, but otherwise, we wish him well, we are not
against him. All we want is to ensure that the public resources in Zambia
should be well utilised and especially public figures should respect
transparency and accountability whilst holding public office," said
Goodwell Lungu, Executive Director of Transparency International Zambia (TIZ).

    Chiluba is also fighting in a Zambian court to block authorities from
recovering 58 million US dollars that last year a London high court ruled he
had to repay, with interest, for allegedly stealing while in office. 
    Zambia lodged the civil case in British courts in the hope of
recovering properties allegedly purchased with stolen funds and owned by
Chiluba and 19 other defendants in Britain and other European countries.
    He has not been convicted on criminal charges of stealing the funds and
he does not recognise the authority of the London court.