Mphwiyo’s lawyer demands Kalonga’s secret covenant

Defence lawyers in a K2.4 billion Cashgate case involving former budget director Paul Mphwiyo and 18 others yesterday asked the State to produce an agreement it signed with Leonard Kalonga to motivate him to testify in the matter.

One of Mphwiyo’s lawyers, Shadreck Mhango, while cross-examining Kalonga, said it was apparent from his written statement that he was under some influence to testify.

In the statement, Kalonga, currently remanded at Maula Prison as he awaits sentencing having pleaded of guilty to another Cashgate-related case, said he is willing to sacrifice his life and freedom in pursuit of justice and truth.

He also says he was bound forever to an agreement he made.

This prompted Mhango to inquire if a separate agreement exists between Kalonga and the State without the knowledge of the defence.

But Kalonga said his cooperating with the State was to help unearth the truth and ensure that justice is served.

Unconvinced, the lawyer inquired: “What will happen if you don’t live by this agreement? Will you be killed?”

But after persistent probing, he confirmed that a “separate agreement” existed between him and the State.

Director of Public Prosecutions (DPP) Mary Kachale said the State had no problem to produce the agreement, but she pleaded that some clauses should not be made public.

Judge Esmie Chombo ordered the State and defence to meet her in her chamber to appreciate the contents of the witness agreement before going into an open court.