By Pemphero Malimba:
The defence team in the on-going National Oil Company of Malawi (Nocma) fuel supply contract case has applied to the court to exclude the audio evidence that principal State witness Hellen Buluma provided to it.
Buluma was deputy chief executive officer for Nocma.
This is a case involving former Energy minister Newton Kambala, Alliance for Democracy president Enoch Chihana and former presidential aide Chris Chaima Banda.
Lawyer for the accused, Wapona Kita, argued in court Tuesday that there is a landmark shift in the justice system.
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“There has been a watershed ruling from the Supreme Court of Appeal where nine justices have issued a ruling which came out last week, which is to the effect that illegally obtained evidence in Malawi is inadmissible. That is, from now onwards. So, it is a declaration that the Supreme Court has made,” Kita said.
He said the Supreme Court’s declaration is also applying to the case as it indicates the position of law.
“It should apply because the ruling from the Supreme Court is a declaration and it is declaring the position of law.
“The Supreme Court is clear; the trial court must exclude all illegally obtained evidence and must decide the case based on the remaining evidence,” Kita said.
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Lilongwe Chief Resident Magistrate Madalitso Chimwaza, who is presiding over the case, said she would consider the application at a later date.
Chimwaza has since adjourned the case to Thursday, when the defence will continue cross-examining Buluma.
Earlier in the day, Kita asked Buluma to explain further and provide evidence implicating the accused.
Buluma repeatedly said her evidence is based on WhatsApp calls and messages, audio recordings and those taken during meetings with the accused.
Kita was, however, not pleased with her responses as he argued that some of the evidence, notably WhatsApp messages, were not really showing how the accused committed the alleged offences.
“We are trying to show the court that the evidence provided in the court is not enough,” Kita told The Daily Times after the court session.
Kambala, Chihana and Chaima Banda are being accused of trying to influence a public officer to abuse office in the procurement of fuel, a charge provided for in the Corrupt Practices Act.
