High Court Judge rules out former ACB boss on UK witnesses
High Court judge Violet Chipao has dismissed an application by former solicitor general Reyneck Matemba who wanted United Kingdom witnesses in his corruption case not to give any evidence.
The state through Anti Corruption Bureau (ACB) has brought in National Crime Agency (NCA) officials from UK to testify in the case against him but Matemba said formal procedures were not followed to have witnesses and evidence from NCA presented in court.
Matemba said there was need for the office of the Attorney General to make a request from the Home Affairs office in the UK, asking for evidence and witnesses from NCA.
Judge Violet Chipao also ruled that the ACB can use informal means to ask witnesses to testify.
One of the witnesses from the NCA has told the court that none of the audios extracted from Zuneth Sattar’s phone that he listened to was discussion between Sattar and Matemba for bribery.
However, he says some audios are in foreign language and are yet to be interpreted.
He adds that there is no any text message between Sattar and Matemba in relation to bribery.
Matemba has lamented that he was arrested on bribery charges and for over a year he was demonized, ridiculed, discriminated for receiving bribes.
The witness has, however, said he saw a text between Sattar and Ashok in which Sattar ordered Ashok to pay Matemba 10 000. The witness says he presumes the 10 000 is $10 000.
Matemba has asked the witness to show him text that shows Sattar directed Ashok to pay Matemba 10 000.
Matemba has further asked if there is a message from Zuneth Sattar ordering Ashok to pay Matemba $10 000 or $5000.
The witness says there is no text ordering Ashok to pay Matemba $10 000 or $5000.
Matemba is answering charges of failure to declare interest in the vetting and approval of the $7.875million Police ration packs contract awarded to Zuneth Sattar.
Matemba is facing allegations of accepting $10,000 in relation to the evaluation of a food rations contract awarded to businessman Zuneth Sattar, who was to supply 350,000 food ration packs worth $7,875,000 to the Malawi Police Service.
On Monday the ACB brought two officials from the NCA as witnesses, a move that was objected to by the accused.
Matemba sought the court’s guidance on the proper handling of evidence and the inclusion of witnesses adhering to the procedure outlined in the Mutual Assistance in Criminal Matters Act.
“According to section 6 of the Act which I have mentioned, they cannot use that evidence they have to formally request it using the office of the Attorney General and not to the Nation Crimes Agency, that’s the central authority for mutual legal assistance,” said Matemba.
He raised concerns that the ACB was not following the Act’s provisions in this case, leading him to question the disregard for certain legal requirements in the pursuit of due process.
On the other hand, Golda Rapozo, Principal Legal and Prosecution Officer at the ACB, emphasized that, in accordance with the criminal procedure and evidence code, anyone can serve as a witness.
“It is our argument that the Act does not prevent us. It is there to be used in times when we cannot use informal channels, so we were able to get these two people here using informal channels that was possible, if we needed to use formal channels we could have done that,” said Rapozo
Rapozo further explained that the Mutual Assistance in Criminal Matters Act does not prohibit law enforcement agencies from utilizing informal methods to gather evidence, secure witnesses, or present witnesses.
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