The State has closed its case in which former presidential adviser three people are accused of having conspired to influence the awarding of National Oil Company of Malawi (Nocma) fuel contracts.
The suspects, Chris Chaima Banda, former minister of Energy Newton Kambala and Alliance for Democracy (Aford) president Enoch Chihana, are accused of attempting to influence former Nocma deputy chief executive officer Helen Buluma to award contracts to Trafigura, Finergy and O’ Lakes.
The State on Monday closed the case after parading its last witness Anti-Corruption Bureau (ACB) investigator Robert Mbuzi Mkandawire, who testified that investigations by the bureau established that there was interference in the award of 2020/21 fuel contracts.
He told the court that ACB established that Chihana arranged a meeting between Nocma officials and those from Finergy at Ufulu Gardens in Lilongwe and further that Chaima Banda instructed Buluma to award 40 000 metric tonnes (MT) of fuel supply contract to Finergy in 2020/21.
Said Mkandawire: “We established that on September 17 2020 Nocma advertised for tender to supply fuel. Bid was open from September 17 to December 2.
“We established that Kambala told Helen Buluma to prioritise three companies, Finergy, Trafigura and O’ Lakes, this was while the bids were still running.”
When one of defence lawyers Bright Theu asked who the companies first met between the President Lazarus Chakwera and Nocma officials, Mkandawire said the companies first met the President.
A statement that the ACB recorded from the President, which Theu read in part, indicated that the President asked the officials to follow the due processes.
The President asked the companies to present their offers on fuel to technocrats. He further instructed companies to meet ministries, departments and agencies (MDAs) responsible for fuel procurements.
The meeting with the President took place the bidding was in progress.
In this regard, Theu wondered why the suspects were being accused of attempting to influence Buluma when the President had asked the companies to meet the MDAs, further questioning Mkandawire what steps the companies took after meeting the President.
Mkandawire responded after they met the President, then Minister of Energy Kambala arranged for a meeting between Finergy and Buluma.
Taking his turn, another defence lawyer Wapona Kita wondered why the ACB indicated that the suspects conspired to influence a public officer when Buluma was not a public officer.
Kita also questioned Mkandawire what evidence the State has for conspiracy to influence a public officer apart from the audios which were illegally obtained, saying the court already ruled that such evidence is not admissible.
Mkandawire said the evidence that is obtained illegally is supposed to be struck off
He also told the court that the evidence about conspiracy was in the audios that Buluma recorded. He also said if Buluma indicated that no one influenced her it meant there was no conspiracy.
ACB legal and prosecutions officer Bernard Phiri told the court that Mkandawire was the last witness for the State as such the state had closed its case.
He asked the court to give 30 days for the parties to file submissions for case or no case to answer.
Chief Resident Magistrate Austin Banda asked the parties to file the submissions by March 21 and also asked the State to file notice of date of ruling.
