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| National |
| Judge bribery suspects refused to talk — ACB |
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by
Aubrey Mchulu, 04 November 2003
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20:07:56
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Prosecution witness Kondwani Zulu on Tuesday told the High Court that two businessmen accused of attempting to offer a K1 million bribe to retired High Court Judge Maxon Mkandawire refused to give details of their businesses and allegations of bribery during interviews.
Zulu, an Anti-Corruption Bureau (ACB) investigations officer who probed the case, said the first accused, Shabir Suleman director of Priceworth Wholesalers refused to answer all questions put to him in the presence of lawyers Shabir Latif and Charles Mhango.
Reading out a report on the interview with Suleman held on March 4, 2003 during examination-in-chief by ACB prosecutor David Kanyenda, Zulu quoted Suleman as saying he understood the charge but denied it.
Suleman also refused to answer questions such as whether or not he knew Mkandawire and offered the judge property at former BAT Malawi premises, offering him a K500,000 bribe and a poultry farm at I. Conforzi in Thyolo to rule a rental claim case in his favour.
On the other hand, the second accused Aslam Osman of Greenland Feed said he had known Mkandawire “on business matters” for a period of seven or so years because he was buying chicken feeds from Greenland Feed but refused to answer the rest of the questions.
But lawyer Kalekeni Kaphale, co-defending Osman with Emelias Dokali, put it to Zulu that Mkandawire also committed a crime because he reported the alleged bribery later than the legal “within 48 hours” stipulated in Section 36 of the Corrupt Practices Act.
However, Zulu said it did not occur to him that Mkandawire himself had also committed a crime.
Earlier, lawyer Meyer Chisanga, who represented Suleman’s Ishmael Properties in a case where Mkandawire later recused himself alleging that Suleman attempted to bribe him, told the court that the judge explained to lawyers on January 13, 2003 that his position was compromised hence he would not continue hearing the case.
KPMG audit firm senior partner Raymond Davis told the court that the poultry farm at I. Conforzi allegedly offered to Mkandawire was bought by South Gate Limited of which Suleman alongside Iqbal Abdulla are directors.
Retired chief justice Richard Banda, who is representing Suleman, said the defence will make its “no case to answer” submissions on Friday.
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