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By GRACE CHAILE-LESOETSA FORMER intelligence chief Xavier Chungu has sued the State in the Lusaka High Court demanding US$500, 000 as compensation for illegal detention. Mr Chungu wants the court to order the State to pay him US$150, 000 seized from his account at Access Financial Services Limited and also that he be paid US$37, …
By GRACE CHAILE-LESOETSA
FORMER intelligence chief Xavier Chungu has sued the State in the Lusaka High Court demanding US$500, 000 as compensation for illegal detention.
Mr Chungu wants the court to order the State to pay him US$150, 000 seized from his account at Access Financial Services Limited and also that he be paid US$37, 050 in respect of lost rentals.
He is claiming interest on all sums payable at Bank of Zambia lending rate from August 2009 to date of full and final settlement.
The former intelligence chief also wants an order that he is the rightful owner of the seized properties known as: F/488a/27/D/2 Leopards Hill Lusaka, F/377a/1/E/1 Kabulonga Road, Lusaka, F/488a/8/B/2 White Wood Lane, Kabulonga, LUS/208/M/ Lot 10752/M and Lus/20863.
He also wants a declaration that his detention without trial as well as the forfeiture of his properties was illegal.
Mr Chungu has cited the Attorney General Likando Kalaluka as the defendant in the matter.
In a statement of claim filed in the Lusaka High Court on Monday, Mr Chungu said he was at all material times a former Director General of the Office of the President (Special Division).
He stated that between 2002 and August 15, 2009, he was put under house arrest and also remanded in prison for cumulative period of 34 months on allegations of theft of unspecified motor vehicles and theft by public servant.
He said teach time he was detained by the Task Force on Corruption and the case was taken to Court, the State would enter a nolle prosequi and the process of arrest, charge would start all over.
Mr Chungu stated that despite not being prosecuted successfully, the State proceeded to seize his properties by way of forfeiture.
“ Also seized from the plaintiff was his account at Access Financial Services Limited, with a cash balance of US$150, 000 , which was money raised from rentals of the house at plot no/488a/8/B/2 White Wood Lane Kabulonga.
“At the time of forfeiture of the house, there was 13 months remaining on the lease period, at the monthly rental of US$2, 850, bring the total of lost rentals to US$37, 050,” he stated.
Mr Chungu stated that he suffered loss and damage as his freedom was denied for 34 months, property was violated by way of forfeiture without due process and that he suffered stress and mental torture.