Buluma illness sparks debate

Prosecution and defence lawyers in the National Oil Company of Malawi (Nocma) fuel import contracts case tussled after State witness and former Nocma deputy chief executive officer Helen Buluma was taken ill and went to seek medical attention.

When the court reconvened yesterday morning for the witness’ continued cross-examination by the defence, Anti-Corruption Bureau (ACB) director-general Martha Chizuma filed an application for adjournment as Buluma was not ready to appear in court.

She said the State was also not ready to proceed in the circumstances.

But the defence lawyers countered that they suspected the move was a calculated strategy to delay the case.

In her ruling on the application, Lilongwe chief resident magistrate Madalitso Chimwaza said the application for an adjournment had failed because the ACB did not give reasons for seeking the same.

She said: “The State should have prepared the witness to prepare for the case knowing the magnitude of the case she is witness to.

“The cross-examination will continue and the witness should be subjected to cross examination while seated.”

However, at this point it emerged that Buluma was not in court when Chimwaza made the ruling.

It was then that Chizuma informed the court that the witness  was not feeling well and had gone to seek medical attention.

However, the explanation did not amuse defence lawyers in a case former minister of Energy Newton Kambala, former presidential aide Chris Chaima Banda and Alliance for Democracy president Enock Chihana are accused of attempting to influence Nocma to award fuel import contracts to particular suppliers in 2020.

One of the defence lawyers, Khumbo Soko, accused the State of frustrating cross-examination of the witness, saying he suspected that Buluma’s illness was a way of avoiding the court proceedings.

“What had happened is very unfortunate,” he said.

Chipping in, another defence lawyer Wapona Kita said the manner Buluma left the court indicated that the case would not proceed.

He prayed to the court that should Buluma not appear at the next date of hearing, the accused persons should be discharged.

“It is clear that the case is not proceeding because the State is not ready,” said Kita.

Another defence lawyer Gilbert Khonyogwa said the State should  the next day of hearing provide a medical report from the witness.

He also prayed for a discharge of the accused if Buluma does not appear at the next hearing.

But ACB chief legal and prosecutions officer Imran Saidi expressed disappointment that the defence was insinuating that Buluma was faking an illness.

He said: “Buluma is a human being and can fall ill anytime. The witness resides in South Africa and she came all the way to attend the case. She has been standing here since Monday.”

Saidi also dismissed suggestions that the State was avoiding the case, arguing that the State is ready and that is why it lined up three other witnesses.

At this point, Chizuma added that issues of health are confidential, saying Buluma indicated that she was not ready to proceed.

She said that the best people to determine whether she is faking the illness or not are medical personnel.

“This is a woman who is saying if I don’t see a doctor in the next few minutes, something will happen. What was I supposed to do, I told her to go and see a doctor,” said Chizuma.

Chimwaza then ordered the State to furnish the court with Buluma’s medical report as soon as possible.

The magistrate also called on the defence not to rush with an application for the discharge of the suspects.

The defence has been cross-examining Buluma since Monday this week.