Defence wants Buluma’saudio evidence excluded
The defence in the National Oil Company of Malawi (Nocma) Limited fuel import contracts case has asked the Chief Resident Magistrate’s Court (Centre) to exclude evidence contained in two audios prosecution witness Helen Buluma tendered.
Buluma, a former Nocma deputy chief executive officer, presented audio recordings of conversations she purportedly had with former minister of Energy Newton Kambala and former presidential aide Chris Chaima Banda as evidence in the case the two, alongside Alliance for Democracy president Enock Chihana, are accused of attempting to influence award of contracts.
Filing the application in court on Tuesday, defence lawyer Wapona Kita said the evidence should be excluded on the basis that it was illegally obtained.
He told the court that on Friday the Malawi Supreme Court of Appeal ruled that evidence obtained illegally is inadmissible.
“We have got illegally obtained evidence,” said the lawyer, who further told the court that the Anti-Corruption Bureau (ACB) is yet to respond to the application.
Kita, therefore, asked the court for guidance on how the matter should be handled.
Chief resident magistrate Madalitso Chimwaza said since the ACB has not responded and Kita was giving notice, the court will set a date to hear the application.
Kambala, Chihana and Chaima Banda are answering charges of conspiracy to influence a public officer to abuse office in awarding of fuel contracts. They are alleged to have influenced Buluma to favour Finergy and Trafigura.
The ACB arrested the trio in August 2021 before they were released on bail.
