Written by YAMIKANI SIMUTOWE
BLANTYRE (MaraPost) — The Blantyre High Court on Wednesday stopped the Anti-Corruption Bureau’s (ACB) first witness Victor Banda from tendering ‘hearsay evidence’ against former president Bakili Muluzi, who is answering charges of diverting K1.7 billion public money into his personal account.
Banda, who is Assistant Director of Operations at the graft bursting body, was set to present the evidence to the court but lawyers for Muluzi challenged the move, saying the evidence was “mere hearsay” as it wasn't prepared by him.
The defence team through lawyers Kalekeni Kaphale and Viva Nyimba argued that the evidence which is an analysis from bank statements and receipts and prepared by others was secondary and inadmissible.
“If anything, it should be the authors which produced those statements and receipts who should be tendering this evidence in court and not the witness.
“The materials are hearsay as he is not the one who prepared it and accommodating them would be against the nature of common sense,” said Kaphale.
Presiding judge Maclean Kamwembe ordered that the material shouldn't be tendered until a formal ruling on matter is made by the court.
ACB also asked the court to throw lawyer Gaston Mwenelupembe out from the defence team considering he once worked at the bureau as chief prosecutor during investigations of the this case and could have privileged inside information regarding the matter.
ACB arrested and dragged Muluzi to court on charges of possession of unexplained property, diverting K1.7 billion donor money into his personal account and the purchasing of vehicles worth K200 million while he was in power between 1994 and 2004.
ACB is expected to parade 30 witnesses against Muluzi in this case.
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(c) The Maravi Post 2013
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