Court allows ACC to tender evidence Stardy Mwale objected

THE Lusaka Magistrate Court has allowed the Anti-Corruption Commission (ACC) to tender into evidence a document marked ID19 on grounds that it was never rejected by the court as purported by the defence.

This was after former Ministry of Defence Permanent Secretary Stardy Mwale and Lusaka businessman, Clever Mpoha objected to tendering in ID19 into evidence stating that it was once rejected by the court.

It happened immediately after a branch manager at Standard Chartered Bank in Lusaka, Mr. Shepherd Phiri said in his testimony that he wanted to tender into evidence a document which was an instruction to the bank by (ACC).

The accused persons through their lawyers, Mr. Sakwiba Sikota, Mr. Milner Katolo, Mr. Moses Chitambala, Mr. Abraham Mwansa, Mr. Leon Lemba among others objected to the application arguing that the state could not tender twice the document which was already rejected.

However, the court in its ruling denied rejecting ID19 into evidence as alleged by the defence, stating that it was only the foundation that was not properly laid but the document was never rejected.

Magistrate Sylvia Munyinya, who is hearing the matter further ruled that she only talked of the foundation of the document submitted but nothing was wrong with it.

Mwale, Mpoha and Eagle Trading International Limited are accused of corrupt practices involving K8.5 million, charges they denied.

It is alleged in the first count that Mwale, between March 1, 2017 and October 31, 2018 in Lusaka, with other person's unknown, being a public officer namely permanent secretary for the Ministry of Defence, did corruptly receive cash gratification of US$200, 000 from Eagle Trading International Limited as a reward for facilitating the payment of management fees to African Security Academy emanating from a contract for the supply of uniforms to the Ministry of Defence, a public body .

In the second count, it is alleged that Mpoha and Eagle Trading International Limited between the same period, in Lusaka with other persons unknown, corruptly gave $200, 000 cash gratification to Mwale as a reward for facilitating the payment of arrangement fees to Africa Security Academy.

In the last count, it is alleged that Mwale between January 1, 2017 and December 31, 2021 in Chikakanta with other persons unknown, did possess a farm 132A, property reasonably suspected of being proceeds of crime.