By Esther Chisola
Former first lady Esther Lungu says the state’s decision to forfeit her properties was expected.
And Esther, through her lawyer says she will appeal the decision of the state.
The Economic and Financial Crimes High Court division ordered for a forfeiture to the state of 15 of Esther’s State Lodge.flats deemed to be proceeds of crime.
In a judgement held in chambers by Economic and Financial Crimes Judges Pixie Yangailo, Vincent Siloka and Ian Mabolobolo, the trio ruled that Esther had no capacity to build the said flats.
In this matter, Director of Public Prosecutions (DPP) Gilbert Phiri applied for a forfeiture of Esther’s state lodge 15 double storey apartments.
Phiri submitted that the value of the property in issue was more than the former first lady’s source of income hence, the suspicion that the properties were acquired through proceeds of crime.
But Esther applied to be joined to the proceedings as an interested party and her application was granted.
She later asked the court to dismiss Phiri’s application and argued that the properties legally belonged to her and that she had clean means of acquiring them.
Speaking to journalists after the verdict, Esther’s lawyer Sakwiba Sikota said Esther would appeal the judgement.
“So, naturally, we will be appealing to the court of appeal and I’m sure the court of appeal is going to maintain the position they have stated in the other case. The court stated that the onus to prove was on the interested party rather than on the applicant,” said Sikota. “And they stated that the applicant had a very low bar which they had to attain. And we feel that bar of proof was not met by the applicant of course being the Director of Public Prosecution. So, those are the issues that will go up to the court of appeal for the court of appeal to decide”.
And commenting on her judgement, Esther said it was expected.
“Nothing much to say, it was expected,” said Esther.
