COP `CLEARS’ CONTRACTOR ACCUSED OF FRAUD
ANarresting officer yesterday admitted that G&G Nationwide Zambia Limited did not obtain pecuniary advantage when it received part payment from China Henan for the works it was subcontracted on the Mansa- Luwingu Road.
Detective Chief Inspector Elias Banda said this before Lusaka Chief Resident Magistrate Lameck Mwale in a case G&G Nationwide Zambia Limited director Christopher Banda has been charged with alleged forgery, uttering false documents, and obtaining pecuniary advantage.
Mr. Banda has been accused of forging a Roads Development Agency (RDA) nomination letter and a National Council for Construction (NCC) certificate; uttering the same documents to China Henan, and obtaining pecuniary advantage.
But in cross examination by defence lawyer Charles Changano, Chief Inspector Banda conceded that it is not the accused person who signed on the RDA nomination letter and that even handwriting experts did not prove that he signed.
He admitted that he did not see Mr. Banda utter the letter to China Henan, and that the NCC certificate does not bear his signature.
Chief Inspector Banda also conceded that G&G did the works it was subcontracted for by China Henan, saying “when you perform you are supposed to be paid and there is no harm to be paid when you perform.”
He also admitted that there is no contractor who can start work without being paid part payment. The court has set November 27, 2020 as date for ruling on a case to answer.
At a previous sitting, a witness from NCC had testified that the council never concluded that G&G Nationwide Zambia Limited had a forged construction certificate.
China Henan and G&G entered into the contract and sometime in July 2015 a dispute arose which resulted in the appointment of an arbitrator.
At arbitration, G&G won the matter but China Henan later applied to the High Court to set aside arbitral awards awarded to G&G. However, the High Court dismissed China Henan’s application and discharged the stay of execution of the awards and arbitral proceedings.
Dissatisfied with the High Court ruling, China Henan appealed to the Supreme Court where the company also lost.
However, in 2018 China Henan reported Mr. Banda (the accused person) to police on allegations that he used a forged RDA nomination letter and NCC certificate for G&G to win the tender on the Mansa- Luwingu road project, resulting in proceedings before Mr. Mwale.