Fisd directors’ case continues today

The Lilongwe Chief Resident Magistrate’s Court will today continue hearing the case against four directors of Foundation for Irrigation Sustainable Development (Fisd) Limited suspected of receiving double payment for a project.

When proceedings resumed yesterday, defence lawyers cross-examined Kondwani Msowoya, a director of the project financed by the African Development Bank (AfDB).

During a gruesome session when at times tempers flared, the witness, who coordinated the project whose payment is in dispute, told the court that he aware of the double payment made.

But Msowoya said he had no evidence of any wrongdoing on the part of the accused persons.

He told the court: “From what I know, Treasury certifies payment documents and sends to AfDB which also certifies the same and sends to the disbursement unit for payment.”

Fisd lawyer Gift Nankhuni showed the witness a list of documents to ascertain that the issue of double payment was resolved through an arbitration process.

But while confirming that such was the case, Msowoya said it was not up to him to explain why the matter was in court as he was just a witness.

Nankhuni also asked Msowoya on conflict of interest, having sued Fisd in a case where the company had raised a concern that he was conflicted to have a firm that was vying for the same contract, but the State witness said it was the question of “multi-tasking”, not conflict of interest.

At times, the witness refused to respond to some questions or simply laughed them off, a scenario that visibly did not please Nankhuni who had to repeat the questions to press for a response.

Msowoya, at one point, posed questions to Nankhuni, but presiding chief resident magistrate Madalitso Khoswe Chimwaza intervened and reminded the witness that he was supposed to answer questions and not to ask.

Taking his turn, another defence lawyer Wapona Kita played a video documentary done by MBC TV on the disputed project which showed that people were satisfied with the project deliverables contrary to the State’s assertions that there was substandard work done.

He asked Msowoya whether he believed that the suspects had conspired to defraud the Malawi Government, but the witness maintained that he was not aware of any conspiracy or involvement of the suspects.

In the case, four Fisd Limited directors, namely Moses Chirambo, Frank Mwenechanya, Kondwani Nanchukwa and Arthur Mpama are suspected to have received double payment of about K268.7 million from the AfDB for a water project in Ntcheu.

The fifth suspect in the case is an accountant from Ministry of Agriculture, who is alleged to have also played a role.

Hearing is scheduled to continue today.