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| National |
| Mvula’s case back to Blantyre |
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by
Zainah Liwanda, 16 September 2004
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14:23:11
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The Lilongwe Magistrate’s Court Wednesday ruled that former Shire Buslines Chief Executive Humphrey Mvula’s corruption case be shifted back to Blantyre.
Chief Resident Magistrate Kenan Manda made the ruling after Mvula’s lawyers, led by John Gift Mwakhwawa and Viva Nyimba, asked the court to consider hearing the case in Blantyre which is the nearest jurisdiction to where the offences are alleged to have taken place
The lawyers also argued that the state does not have sufficient evidence on the alleged intimidation of its witnesses which it used to justify the change of venue.
Mvula, who was flanked by former finance minister Friday Jumbe and former minister of transport and public works Clement Stambuli was then charged with four counts, two of which are misuse of public office contrary to section 25B (1) of the Corrupt Practices Act, corrupt practices by a public officer contrary to section 24 (1) of the same Act and corrupt use of official powers.
He pleaded not guilty to all the charges.
Mwakhwawa sent the quiet and jam-packed court into laughter when he said the decision to shift the case to Lilongwe was not because of fear of the security of witnesses but may be some people are interested in getting allowances.
“If Lilongwe is safe what will prevent the state from making Blantyre safe? Your worship, state is saying Lilongwe is safe without suggesting even the types of threats or individuals issuing those threats, or investigations by state into those threats.
“Much as the accused person does not have preference of court to be heard, the court should guard legal processes. Who knows, somebody may suggest that this case moves to Karonga just for one to get allowances,” said Mwakhwawa, setting the court into laughter.
He further told the court that the state does not even know the number of witnesses and who intimidated them when and where.
“In fact they are not aware of the addresses of those so-called witnesses. Are these witnesses going to be conducted in camera, be flown by helicopter while their faces are covered.? What will happen after the trial? Will they be housed in Lilongwe forever? These are some of the questions being raised,” he said.
Gaston Mwenelupembe, representing the state, said in his submissions the state was forced to shift the case to Lilongwe because of circumstances beyond its control, insisting that the security of its witnesses was not guaranteed in Blantyre.
“The state found it fit your worship to have proceedings in Lilongwe due to safety of its witnesses. I therefore submit my application that the case be heard here in Lilongwe,” said Mwenelupembe.
Viva Nyimba in his submissions said the state should give all the details about the alleged intimidation of witnesses because the case is a public trial.
“Since my learned colleague says he cannot disclose some facts in this court, I leave it to your discretion your worship to make a decision,” he said.
Manda upheld the defence’s view.
“I have heard with keen interest the submissions by both the defence and prosecution. My ruling is as follows. The matter must first commence at the nearest jurisdiction to where the offence was alleged to have happened, but if reports that witnesses are being intimidated are confirmed, bail of the accused will be cancelled,” said Manda.
“Who for example is going to cover travel expenses of the accused and defence? All these have to be taken into consideration. There is need for the magistrates court to go through the details of the kind of intimidation on the witnesses,” he added.
Earlier, the court heard that Mvula, as Chief Executive of Shire Buslines on or about July 19 used his public office to award a contract of supplying goods worthy K1,213,868.29 to his relation Quita Alick Chimzimu Mvula and that also on July 30, he used his position to obtain business interests for his close associate Nellie Tonnier Banda, trading as Monday Trading Agencies.
The court further heard that Mvula, in November 2002 corruptly received for his benefit a Mercedez Benz, model C180 from Vincent Heap of Trans Motor Parts and Riaan Venter of Turbo Power, who were suppliers of goods at Shire Buslines, contrary to section 25(1) of the Corrupt Practices Act.
Mvula’s case was transferred from Blantyre to Lilongwe following after the Anti Corruption Bureau expressed fears of security of its witnesses.
Recent media reports said safe houses in Lilongwe were arranged for those who would testify in the case.
ACB public relations officer Egrita Ndala was also quoted as saying the case was moved to Lilongwe because of security of witnesses. She could not be drawn to comment if any one was intimidated by Mvula or anyone connected to him, saying the bureau did not want to react to situations.
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