By Cathy Maulidi
The Anti-Corruption Bureau (ACB) has revealed that some disclosures in the corruption case against former Homeland Security minister Nicholas Dausi and others may not be available.
ACB Principal Legal and Prosecution Officer Peter Sambani disclosed this in court Tuesday, cautioning the defence to take this into account when preparing for the case.
This is a case about the alleged unlawful procurement of items that included pairs of socks, underwear, steel plates, cups, cuffs, belts and whistles between February 2019 and June 2020.
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The ACB alleges that the items were purchased at exorbitant prices.
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The uniforms and equipment were procured from One Guard FZE of the United Arab Emirates.
The other accused persons are former Ministry of Homeland Security principal secretary Samuel Madula, chief director in the same ministry Kennedy Nkhoma and senior deputy director Patricia Liabuba.
Sambani informed the court that some disclosures may not be available, a development that did not go down well with the defence team.
The defence has been demanding that the ACB makes available all the disclosures to allow the accused to have a fair trial.
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Defence lawyer Barnes Phani said all evidence should be made available for them to mount a spirited defence.
“We, as defence, insist that the State should tell us the reasons why those documents may not be available because the bureau has powers to ask any authority in the Republic to submit to them whatever document they may require.
“If the documents are not provided, then that means the defendants will not have a fair trial because they need to prepare well and look at all the evidence before they take plea,” Phani said.
High Court Judge Violet Chipao has since told the defence to be clear on the missing documents, adding that the State should be ready with a new charge sheet and new list of accused persons by August 16 following the decision by the State to drop charges against former finance minister Joseph Mwanamvekha weeks ago.
The ACB dropped Mwanamvekha from the case as it is contemplating making him State witness.
On the issue of Mwanamvekha, Sambani said they were hoping that they would have a response from the Director of Public Prosecutions in regard to the issue of discontinuance certificate of Mwanamvekha.
He said this would help in the amendment of the charges.
“There were issues raised, as regards to the charge sheet, that it was lacking some sufficient particularity and the court has given its direction on how the State should amend the charge sheet and that process is going to be done in the next 14 days and we expect that by August 16, all issues are projected to be ironed out, allowing the case to start,” Sambani said.
