3 October 2008
A Lusaka Magistrate's Court yesterday refused an application by former State House aide, Richard Sakala to have statements recorded from witnesses by investigating officers to be used in his defence.
Senior Resident Magistrate, Sharon Newa refused to grant the application after Sakala, through his lawyer Remmy Mainza requested the court to order the prosecution team to avail the defence all statements recorded from witnesses by investigating officers.
Sakala, who is charged with a Lusaka resident Nelly Chungu, of obtaining execution of a valuable security by false pretences and forging a deed of transfer, made the application when the matter came for mention yesterday.
The duo is scheduled to begin defence after being found with a case to answer.
Ms Newa said there was no law or authority that compelled the court to order the prosecution to avail statements recorded from witnesses by investigating officers and therefore declined to grant the application.
She, however, allowed Sakala's application to have photocopies of all exhibits that were tendered by the prosecution witnesses as evidence in court to enable the defence prepare themselves adequately.
State prosecutor, Godfrey Kayukwa objected to the application to avail the defence with all the statements recorded from witnesses by investigating officers but had no objection in availing all photocopies of exhibits that were produced by the prosecution witnesses.
The matter has been set for October 20, 28 and 29 for defence and Sakala would give evidence on oath and call 12 witnesses.
In another court, former Access Financial Services Limited (AFSL) executive assistant, Esnart Chansongo yesterday testified how she faxed instructions for the transfer of funds to Meer Care and Desai.
This is in a case before Lusaka High Court deputy registrar Edward Musona sitting as a magistrate where former Finance minister Katele Kalumba is jointly charged with former Ministry of Finance permanent secretary Stella Chibanda and former director of budget, Boniface Nonde.
Others are former chief economist Bede Mpande, former secretary to the treasury Benjamin Mweene, former AFSL directors - Faustin Kabwe and Aaron Chungu.
They are facing corruption charges.
During examination-in-chief led by prosecution lawyer Mutembo Nchito, Ms Chansongo testified that she remembered dealing with correspondence between AFSL and Meer Care and Desai.
She told the court that she typed the said instructions for Kabwe's signature.
Ms Chansongo cited some of the money transfer instructions as payment of US$160,000 and US$50,000.
She explained that she worked for AFSL from 1996 to 2003 and is currently a training co-coordinator for an institute of human virology.
At this point, Mr Nchito applied for an adjournment but one of the defence lawyers, Vincent Malambo objected to the application.
Mr Musona granted the application for an adjournment but also registered his disappointment.
The matter comes up today.
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