Court allows Stardy Mwale to access State witness evidence
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.