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Director of the Anti-Corruption Bureau (ACB) Gustave Kaliwo, Director of Public Prosecutions (DPP) Ishmael Wadi and former ACB deputy director Alexius Nampota have teamed up to prosecute former Finance Minister Friday Jumbe, accused of misappropriating over K475 million of state funds.
Since Jumbe was arrested on October 25, the case has seen the state bringing in different state and private lawyers and yesterday Kaliwo told presiding judge Maclean Kamwambe that he and the other two lawyers would represent the state.
When the court convened on November 30 to hear Jumbe’s plea, his lawyer Kalekeni Kaphale, raised preliminary objections, saying the former minister is not supposed to answer a case where he is accused of building his Superior Hotel using corruptly acquired money because the state is using a law which was not a crime at a time Jumbe built the hotel and that there was an element of “retrospective criminalisation”.
Kaphale also argued that the ACB never interrogated his client on the matter and that there was need for two similar charges to be consolidated as both are talking of theft by public servant with just a difference in amounts of money.
And on Wednesday, the court, which had convened to hear the state’s reactions to preliminary objections raised by Kaphale, started with Kaliwo raising his own objections, saying the procedure which has been used to bring Jumbe to court was unlawful.
The ACB director said Kaphale was arguing against issues that can be appealed against at the end of the matter and that he provided a notice of hearing that does not comply with procedure.
“The procedure that has been utilised to bring the accused person before you My Lord is unlawful. Why the hurry? Why should we jump the queue? Is this a more deserving case? Should we go for trial before we’ve complied strictly with the law?” Kaliwo queried.
He also said there was no question of retrospective criminalisation since anyone that has been a public officer since 1964 can be called upon to answer on how he amassed his wealth.
“For example, we can go to Robson Chirwa [a minister in Kamuzu Banda’s government] today and ask him to account for his wealth,” said Kaliwo.
He said the law looks at the person on the day he is charged and not on the day he committed an offence.
“Of course it’s alright to be rich. The law should not punish anybody for being rich but when you’re rich, you should be able to explain how you got rich.,” said Kaliwo.
He said Jumbe refused to give an account of his wealth to the ACB when he was asked and that an opportunity was there for him to explain how he amassed his wealth but that he chose to remain quiet “to avert self-incrimination”.
On the two charges of theft, Kaliwo said the two different amounts relate to two different matters one on David Whitehead and Sons and another on Grain and Milling.
“We split these two cases to avoid confusing the accused. And now he comes before court saying, please confuse me,” said Kaliwo.
He asked the court to order that the case should proceed at an appropriate time.
“Why are we rushing this process? Is there anything we’re afraid of?” queried Kaliwo.
But Kaphale countered the ACB director, saying the Constitution calls for a quick and fair trial and “that rests my case”. He added that it does not matter “if 800 people are suffering” because human rights is an individual issue.
He said Jumbe will be standing trial in vain if what the Constitution provides is not followed, arguing the laws ACB is using by following the Corrupt Practices Act and other law authorities are inferior to the Constitution.
Kaphale also said the law which ACB is using should “be taken with a large pinch of salt”.
He said contrary to Kaliwo’s submissions that Jumbe did not account for his wealth, he declared his assets to the private lawyers who were hired by the state earlier in the case.
“The declaration was sent to Tembenu, Masumbu and Company but these lawyers disappeared from the screen without trace. They did not even give the court any notice,” said Kaphale.
He said the state failed short of saying they are not ready for the case.
“Are people getting arrested before investigations are done? That’s a totally new dance and the court ought not to allow this dance to continue,” said Kaphale.
Kaliwo came back with his argument and said the state was “ready and anxious to get on with this matter”.
“But let’s dwell on it in compliance with the law. We’re not asking for time nor are we asking for lenience,” said Kaliwo.
Judge Kamwambe adjourned the matter to “a date to be communicated”, saying there were huge reference documents which have been filed in the matter and that he needed time to go through all of them.
“When I am ready I will communicate to you. Let me assure you that it won’t be too far,” said Kamwambe.
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