Sat, 24 Jun 2017 11:40:34 +0000
By CHIKUMBI KATEBE
THE State has failed to prove a case of theft and abuse of authority of office against Agriculture minister Dora Siliya who has been acquitted of all charges concerning alleged cancellation and award of tender of a Zambia Air Traffic management surveillance radar system.
Delivering a ruling yesterday, Chief Resident Magistrate Joshua Banda said there was no tender she cancelled as alleged but that instead, Zambia Public Procurement Agency (ZPPA) adamantly refused to adhere to her directives.
The magistrate said the State failed to prove the ingredients necessary to ascertain the charge of abuse of authority of office against the then Communications minister. He explained that the tribunal set up to investigate the alleged theft by servant and the alleged abuse of authority of office against the then Transport and Communications minister found that Ms Siliya had no connection with the alleged crimes said to have been committed by her in the supply, delivery, installation and commissioning of the airport radar from Thales Air System SA.
He further explained that according to information before court, Ms Siliya only intervened in the procedure when she accepted a free offer from Selex Systemi Integrati S.P.A for the repair of a radar head at the then Lusaka International Airport without following procedure. The court said even then, it was done with full consultations and authorization from the Ministry of Finance on condition that it be dine within the approved funding. Magistrate Banda said there was no evidence that should warrant Ms Siliya to defend herself in the matter and so acquitted her. “In accordance with section 206 of the Criminal Procedure Code I dismiss the charge and its allegations; consequently Ms Dora Siliya is acquitted,” he said. And defence lawyer Lubinda Linyama said he was happy that the court demonstrated that the ruling was based on the law, and consideration of the ruling of the tribunal that handled the matter before it. He said the State should have taken a leaf from the ruling of the tribunal that cleared his client of the allegations, instead of having allowed the case to have dragged on for so many years only to be thrown out. “We just trust that the State would learn from decisions like these ones that matters do not drag for so long when there is no evidence from inception,” he said.
