Photocopied evidence disputed in Malawi ex-president Muluzi K1.7bn case
Former president Bakili Muluzi is expected back in the High Court dock on September 26 after his high level suspected K1. billion corruption case was adjourned on Wednesday to let the state get aunthentic bank documents.
The defese counsel lead attorney Tamando Chokotho expressed concern that the state was using photocopied bank documents instead of original documents.
He said the documents did not comply with the Oaths and Authetication of Documents Act which stipulaytes that Commissioners for Oaths should authenticate documents to be used in legal proceedings.
Chokhothopointed out that the documents did not have the name of the officer responsible for authenticating.
Presiding judge Maclean Kamwambi then allowed the state application for an adjournment to allow the state legal team obtain original bank documents or written letters from banks authorising the court use the photocopied documents.
State lead attorney Clement Mwala said his legal team will get the necessary bank documents just on time for the case on September 26.
Muluzi, who governed Malawi from 994 to 2004, and his former secretary, Lyness Whiskey, are accused of misappropriating money amounting to K1.7 billion ($2.4 million) .
The former president is disputing the state assertion that he corruptly got K1.7 billion from donors.
A former assistant director of the Anti-Corruption Bureau (ACB), Victor Banda, who is the state princial witness, told the High Court in Blantyre that Muluzi did not obtain money mounting to more than K1.1 billion ($1.5 million) corruptly.
Banda, who also headed investigations of Muluzi case, testified that he had no credible evidence that Muluzi corruptly obtained during his reign.
Muluzi deposited into his personal local bank accounts, mainly at National Bank Zomba Branch the money came from companies in Libya, Kingdom of Morocco, Belgium, United States of America (USA), South Africa, Rwanda and Taiwan—principal benefactor with about K689 million.
Malawi government suspected Muluzi obtained the money corruptly and that he diverted donor funds.
But , the principal State witness also failed to substantiate corruption claims in the dealings of Muluzi’s personal bank accounts, saying the Taiwanese ambassador ruled out corruption on the money that was donated to Muluzi when he was interviewed by ACB.
The case was adjourned from Friday to Tuesday to allow Muluzi, a Muslim, celebrate eid in his home district of Machinga.
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Who referred this case to ACBand on what evidence? I suggest all involved, Auditor General at the time of referal, the Attorney General, the President and ACB officers ought to be pay for any damages if the case fails. Malawi does not have use for individuals who misrepresent justice and the will of the people. There should be stinging punishments for all the culprits to prevent others from turning the justice system as syndicate for money making.
musiyeni muluzi apume
Banda has been an auditor before I dont why didnt he know that using photocopied evidence is not allowed unless it is true certified copy. And why not allowing the Investigative auditors to take that issue instead of ACB? Why is the Auditor General silent all these years, because this is more of fraud than corruption which is an auditor’s issue.