Editors PickNational News

Defence questions Cashgate prosecutor’s credibility

Defence lawyer in a K264 million Cashgate case yesterday questioned the credibility of hired prosecutor Enock Chibwana whose services as a private prosecutor were allegedly not procured according to law.

Ben Msema, who runs Mzenga Construction Ltd, is being accused of theft and laundering government resources amounting to K264 million between April and September 2013.

Some of the vehicles confiscated by the police over Cashgate
Some of the vehicles confiscated by the police over Cashgate

Msema had a contract with government for work at Nambuma Rural Growth Centre for which he was paid K91 million, but between April and September 2013 he collected government cheques amounting to K205 million for works he allegedly did not undertake.

But lawyer for Msema, Moses Nkhono, has since queried disparities in the amount his client has been charged with, saying they should put their house in order.

Nkhono also said the Director of Public Prosecutions (DPP) did not get a ‘no objection’ notice to procure Chibwana’s services as a public prosecutor in accordance with the Public Procurement Act.

But Chibwana said he had the documentation which showed that he had powers to prosecute the case on behalf of the DPP.

However, Nkhono said: “If the counsel says he has the documentation and got ‘no objection’ notice from the ODPP [Office of the Director of Public Procurement], our take is that the State should have brought those documents before court.”

But Chibwana said he would have submitted the documents to court only that they were already being used in another case in which lawyers Ralph Kasambara and Wapona Kita and other suspects have objected to the credibility of the prosecution team of Kamudoni Nyasulu and Chibwana.

High Court Judge Lloyd Muhara has since asked the defence and prosecution to make their submissions on the preliminary objections and responses between Tuesday and Friday before he makes a ruling on Wednesday, August 6, 2014.

 

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