Daily Nation Newspaper

Court allows Stardy Mwale to access State witness evidence

- By LUCY PHIRI

LUSAKA Chief Resident Magistrate, Davies Chibwili has allowed former Ministry of Defence Permanent Secretary, Stardy Mwale to have access to peruse through the documents which a state witness tendered as part of evidence in court.

Mwale through his lawyer, Leon Lemba made an applicatio­n before Mr Chibwili to be availed five documents in readiness for cross examinatio­n.

This was after a procuremen­t specialist at Zambia Public Procuremen­t Authority. (ZPPA) Mr, Kennedy Chikumbi testified and explained how procuremen­t procedures are done because he deals with all procuremen­t related issues.

Mr. Chikumbi also tendered documents involving all the procedures undertaken in a procuremen­t committee under the Ministry of Defence and tendered into evidence his report findings.

“In December 2022, I was approached by officers from Anti-corruption Commission (ACC) who interviewe­d me on various aspects of the public procuremen­t procedures, I was shown some documents for the modernisat­ion of defecse forces, among them is a committee paper dated 27 March, 2017 from the head procuremen­t unit to a procuremen­t committee requesting for authority to use the bidding procuremen­t methods with the quotation period of two weeks,” he said.

In this matter, Mwale and five others pleaded not guilty to three counts of willful failure to comply with the law, applicable procedure or guidelines relating to the procuremen­t of Gulfstream G650 Presidenti­al jet.

Mwale, Isabel Wilima Chinji, Michael Obister Mbewe, Evaristo Sakala, Frank Hardy Sinyangwe and Dr John Phiri pleaded not guilty to the four counts.

Mr. Lemba further in his applicatio­n submitted that the court should avail him five copies to prepare the accused in cross examinatio­n.

He said the defence was having sight of the document for the first time and that the offence that the accused persons are charged with relates to a breach of procuremen­t procedure.

“A witness on the stand is a procuremen­t expert who is critical to this matter. It is in the interest of justice that the defence be accorded time to cross examine the witness. To cross examine this witness without proper examinatio­n will deprive the defendant from having a fair trial.

However, the state did not object to the applicatio­n to give time for the accused to peruse through the documents.

The court in its ruling said since there was no objection from the state and in the interest of justice, granted the defence an adjournmen­t.

The matter has since being adjourned to March 20, 2024 for cross examinatio­n.

 ?? ?? Mr Mwale
Mr Mwale

Newspapers in English

Newspapers from Zambia