Court throws out Muluzi objections in K1.7bn trial
The High Court in Blantyre on Wednesday dismissed objections by former president Bakili Muluzi in relation to presentation of cheques and receipts by State witness Victor Banda, saying the action was within the law.
The Anti-Corruption Bureau (ACB) is prosecuting Muluzi and his co-accused, Lyness Violet Whisky, his former personal assistant, for allegedly diverting K1.7 billion public funds into his personal account when he was head of State between 1994 and 2004.
Banda, then ACB deputy director, presented to court cheques, receipts and other documents which backed the claim of the transactions.
However, lawyers representing Muluzi, who included Kalekeni Kaphale (now Attorney General), Viva Nyimba (now senior resident magistrate), Jai Banda and Gaston Mwenelupembe, objected to the documents.
The lawyers argued that the documents were inadmissible evidence in accordance with the rule against hearsay since Banda was not the one who prepared the documents.
But in his ruling, judge McLean Kamwambe said much as the law does not allow hearsay evidence, the reason for tendering them was acceptable.
“[Documents] IDP 5 are inadmissible at this stage because they cannot be used to establish the truth of facts in them, as it would be caught by the hearsay rule. However, it is admissible evidence just to show that it was made or prepared by PW1 [prosecution witness Banda] to facilitate the investigation process,” said the judge
The judge has set continued hearing of the matter from February 23 to March 6 2015.
