JUDGE RECUSES HIMSELF IN EX-SPY CHIEF’S CASE

By GRACE CHAILE LESOETSA LUSAKA High Court Judge Mwape Bowa has recused himself from handling the matter where former Zambia Security Intelligence Services (ZSIS) director general Xavier Chungu has sued the State demanding US$500, 000 as compensation for illegal detention. Judge Bowa stated that this was because he was involved in the investigations conducted by the Taskforce on Corruption.  “I recused myself in the first case explaining that the case arises from investigations that took place in the lifetime of the Taskforce on Corruption.  I was heavily involved in those matters as director legal and prosecutions of the ACC at the time. I therefore have peculiar knowledge of this and other matters that were investigated and prosecuted at the time. “For this reason, I find myself in a position of conflict and refer the matter to your court for re-allocation,” read the memorandum. 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. LUS/208/M/ Lot 10752/M and Lus/20863. Mr Chungu also wants a declaration that his detention without trial as well as the forfeiture of his properties was illegal. He has cited the Attorney General Likando Kalaluka as the defendant in the matter.