The Lusaka Magistrates’ Court has found three senior managers and two Zambian supervisors at First Quantum Mining and Operations Limited (FQMOL) with a case to answer in a matter in which they are facing eight counts of taking detrimental action against a whistle-blower who was an employee of the mining company.

Magistrate Alice Walusiku has since put all accused persons: Gordon White, Paul Lloyd, James Brevery, Isaac Mutumbi, Mulamba Mulenga and FQMOL on their defence in all eight counts.

She said she’s well satisfied that the evidence given does not fall short of establishing prima facie cases against the accused persons.

In this matter, Gordon White, Paul Lloyd, James Brevery, Isaac Mutumbi, Mulamba Mulenga and FQMOL stand charged with eight counts of taking detrimental action that is in reprisal for a person who makes a protected disclosure, publishing protected disclosure to unauthorized persons without the consent in writing, unlawful publishing or communicating protected disclosure, conspiracy to engage in unlawful reprisal and conspiracy to defeat justice.

In count one, it is alleged that the six, on dates unknown but between May 1, 2014, and April 30, 2015, in Solwezi District of North-Western Province, jointly and whilst acting together with other persons unknown, did take a detrimental action that was in reprisal for a person who made a protected disclosure namely Augustine Tembo whereby they dismissed the said whistle-blower from the employment of FQMOL after he made a protected disclosure to the Anti-Corruption Commission (ACC).

In count two, it is alleged that the six, on dates unknown but between May 1, 2014 and April 30, 2015, in Solwezi District of North-Western Province, jointly and whilst acting together with other persons unknown, did publish protected disclosure statements made to the Anti-Corruption Commission on June 24, 2014, by Augustine Tembo without lawful authority or consent in writing from the ACC.

And in count three, among other counts, it is alleged that the six, on dates unknown but between May 1, 2014, and April 30, 2015, in Solwezi District of North-Western Province, jointly and whilst acting together with other persons unknown, did take detrimental action that was in reprisal for a person who made a protected disclosure namely Augustine Tembo whereby they did intimidate or harass the whistle-blower namely Augustine Tembo or caused the said whistle-blower to be subjected to intimidation or harassment by themselves, employees and members of the public.

The accused persons had pleaded not guilty to all the eight counts.

And delivering judgement on whether or not the accused persons had been found with cases to answer, Thursday, Magistrate Walusiku said she was satisfied that the evidence given at the moment did not fall short of establishing prima face cases against the accused persons.

“The evidence on record has demonstrated that cases have been made out against the accused persons to make defences in line with section 207 of the CPC; I put all the accused persons on their defence in counts one, two, three, four, five, six, seven and eight respectively,” Magistrate Walusiku said.

ACC was initially jointly charged with the six FQMOL employees for allegedly endangering a life of a whistle-blower, but the complainants later withdrew the charges against the Commission and three of its employees namely Raphael Mano, Martin Mushumba and Joseph Mulambe.

The six accused are expected to open their defence on September 27, 2018.