Muluzi wants ACB evidence thrown out
Former Malawi president Bakili Muluzi wants the court to block a State witness from tendering evidence against him, arguing it is bordered on hearsay which is against the order of the law.
The State through the Anti-Corruption Bureau (ACB) has dragged Muluzi to court on charges of possession of unexplained property, diverting K1.7 billion (about $4.2m) government funds into his personal account and purchasing of vehicles worth K200 million (about $500 000) while he was in power between 1994 and 2004.
Muluzi denies all the charges. His co-accused and former personal assistant Lyness Violet Whisky also denies the charges. Whisky is accused of aiding and abetting Muluzi.
State witness Victor Banda, who is ACB assistant director (operations), had testified against the former president. Banda was due to tender documents, an analysis from bank statements and receipts, to form part of the State evidence.
But lead defence lawyer Kalekeni Kaphale objected to tendering of the documents observing it was secondary evidence not admissible in law.
Said Kaphale: “We vehemently oppose the tendering of such evidence. It would be the first in Malawi if it this was allowed and it would be prejudice. The right to fair trial imposes the duty to strictly adhere to rules of the game, in this case evidence.”
Another lawyer representing Muluzi, Jai Banda, reminded the court that former ACB director Alex Nampota on March 8 2011 informed the court that Banda would not tender evidence, but that he would only identify the documents.
Viva Nyimba buttressed the argument of his colleagues saying what was about to happen to produce Banda’s documents as evidence would prejudice Muluzi and his co-accused.
But ACB lead prosecutor David Nyamirandu said the documents that were to be tendered by Banda were his (Banda) observation and analysis, insisting the court should allow them.
“There is no hearsay. It is a document that was prepared by him,” he said.
Presiding Judge Mclean Kamwambe ordered that the schedules should not be tendered yet until a ruling is made by the court.
Meanwhile, the ACB moved the court to block former ACB chief prosecutor Gaston Mwenelupembe from joining the Muluzi legal team.
Nyamirandu argued that Mwenelupembe has conflict of interest in the matter.
The case continues tomorrow (Thursday) when ACB will parade a second witness to testify against Muluzi.
{japopup type=”youtube” content=”http://youtube.com/v/-BM3y3Y5edE” width=”640″ height=”380″ title=”Bakili Muluzi at High Court in Blantyre”}Watch a video of Muluzi walking out of High Court on Wednesday.{/japopup}
Watch a video of Muluzi walking out of High Court on Wednesday.
