The Lilongwe Magistrate Court has ruled that the State can tender witness documents from Hellen Buluma NOCMA’s Acting Chief Executive Officer as evidence in the ongoing Fuel Tender Court Case.
Chief Resident Magistrate, Patrick Chirwa, said that the defence’s argument on the process of identifying and tendering witness documents is a matter that dwells on technicalities.
Magistrate Chirwa directed that the case that involves former energy minister, Newton Kambala, AFORD president Enoch Chihana and former presidential advisor Chris Chaima Banda should proceed and that the defence is free to object whenever they feel so.
Buluma started tendering the witness documents as evidence in the case a few minutes ago.
Meanwhile, Magistrate Chirwa has sustained an objection by the defence on the first document tendered as evidence by the Buluma.
The document is alleged to be a WhatsApp conversation with the former energy minister, Newton Kambala.
The defence argued the document is secondary and cannot be used as evidence.
The State has since asked for a break to consult on how they proceed with the case.
As Buluma was busy reading out to the court the WhatsApp messages, one of the defense lawyers Wapona Kita stood on an objection.
Kita who was then followed by the Defense Lead counsel George Mwale questioned why the witnesses was tendering secondary evidence without giving proper explanation on where the primary evidence is.
Chief Resident Magistrate (CRM) Patrick Chirwa sustained the objection but seconds later, the State requested for a 5 minutes break which (CRM) has granted.
The state has produced a mobile phone to replace secondary evidence that it brought earlier on to be tendered by Buluma.
The gadget as confirmed by the state was not disclosed earlier and now the defense is objecting to it forming part of evidence.
The defense views that bringing the gadget will be an ambush and in a way bulldozing evidence that is being seen for the first time.
The defense has further pleaded with the court not to allow the manner of proceeding with the matter, saying it is not legal.
Chief Resident Magistrate Patrick Chirwa has since agreed with the defense that the gadget had to be disclosed first before being tendered as evidence.
Defence lawyer Bright Theu has asked the court to allow the State to surrender the gadget, to clear issues of trust and tampering of evidence.
However, Chief Resident Magistrate Chirwa has directed that the defence should inspect the gadget at ACB premises.
He has further given five days for both parties to complete the process before the court reconvenes.
Chief Resident Magistrate Patrick Chirwa has adjourned the case involving former Minister of Energy Newton Kambala, Aford president Enoch Chihana and former presidential aide Chris Chaima Banda to a later date saying he has done so in the interest of fair trial.
In the meantime he has ordered that defense lawyers and their clients should inspect Buluma’s phone which could not be tendered as part of evidence in court today.
This comes after the defense rejected the tendering of alleged WhatsApp conversations between Buluma and Kambala.
Chirwa said the inspection should take place at Anti-Corruption Bureau (ACB) offices.