Maravi

Bulaya gets 5 years for corruption

Bulaya gets 5 years for corruption
By Noel Sichalwe
Wednesday February 21, 2007 [16:43]

LUSAKA magistrate Edward Musona has jailed Kashiwa Bulaya for five years with hard labour on abuse of office and corruption charges saying he deserved to be in prison for the crimes that he committed. This is a matter in which Bulaya, a former permanent secretary in the Ministry of Health, was alleged to have misappropriated about K3 billion public funds meant to buy immune boosters (Elixir 9) for people living with HIV/AIDS.

After the verdict, magistrate Musona asked Bulaya to mitigate. However, Bulaya - who appeared unruffled by the judgment - responded that he had nothing to say. Delivering judgment in a packed courtroom, magistrate Musona said it was important that people who were entrusted with national responsibilities look into the affairs of citizens and not betray their confidence. He said the supply of Elixir 9 to the Zambian people, which was still undergoing clinical tests on mice and animals in Bulgaria, was a great risk to many people. Magistrate Musona said after considering the circumstances surrounding the case, the only appropriate sentence needed was a custodial one.

He said although Bulaya had refused to say anything in mitigation, he had considered the fact that he was a first offender who served the people of Zambia in a very senior position.
“Consequently, therefore, the accused will serve five years with hard labour on each of the three counts with effect from July 17, 2006 (when bail was revoked),” magistrate Musona said. “What it means is that the sentences will run concurrently for five years. If you are not happy, you can appeal to the higher court within 14 days.”

At this stage, Task Force prosecutor Fred Malambo indicated that they would apply for forfeiture of some of Bulaya’s properties on Friday. Malambo said he needed to sit down with the investigations officer Trevor Nyoni who was out of town by yesterday before making the formal application.

Magistrate Musona also said according to his findings, he was satisfied that Bulaya and his business partner Dr Yotsov were directors in the two companies - BUTTICO A1 and Anbul Investment - that supplied the drugs to the ministry. Magistrate Musona said when Elixir 9 was supplied to the Ministry of Health in 2001, it had not yet been subjected to any clinical tests for quality assurance in Zambia before it was sold to the public. He noted that the National Formulary Committee that selected medicine to be used in public sector and the Zambia Essential Drug List that comprised of authorised drugs on the Zambian market, did not approve the public consumption of Elixir 9. Magistrate Musona also found that there was movement of money from Ministry of Health to BUTTICO A1 and finally into Bulaya’s account.

He also noted that there were buildings and motor vehicles that could have been purchased with public funds. Magistrate Musona said Bulaya had the right to call witnesses but he declined to exercise his right for over five months with about eight adjournments. “The law is there to allow an accused person to elect to remain silent but there is no law to force an accused person to testify when he has emphatically refused,” he said. Magistrate Musona said Bulaya did not declare interest when he introduced the issue of Dr Yotsov for the supply of Elixir 9 from BUTTICO A1.

He said by the time Bulaya introduced Elixir 9 to the Ministry of Health committee, it was sold to members of the public and the Ministry of Health had already purchased it. “It is clear the accused person benefited directly from the money he received from BUTTICO A1,” magistrate Musona said. “The accused also benefited from buildings and in fact he lives in one of these houses. This was a clear abuse of office and the accused used his powers wrongly to purchase drugs from Dr Yotsov who was his business partner.”

He also noted that the purchase of Elixir 9 from BUTTICO A1 was neither approved by the ministerial tender committee nor the Zambia National Tender Board. “I am therefore, satisfied beyond all reasonable doubt that the prosecution have proved every ingredient of the charge on all the three counts. I therefore, convict you on each of the counts as charged,” he said. Bulaya was abandoned by his lawyers - Mumba Kapumpa and Nicholas Chanda when he wanted to address the court in his personal capacity.

Among the issues he raised against magistrate Musona was that the court had contributed to his suffering by incarcerating him in prison after the revocation of bail. Bulaya also complained that the bail conditions were high and inhuman, that the prejudice and desire to have him incarcerated had never stopped. He has also asked magistrate Musona to recuse himself as he might not receive a fair hearing.

After the judgment, Bulaya’s relatives sympathised with him although he appeared not concerned as he could even afford a smile. As he was led to the vehicle that took him to Lusaka Central Prison, Bulaya diverted to the toilet where people including the photojournalists followed him up to the door and waited for him until he came out. In the first count, Bulaya was - between August 18, 2001 and October 31, 2001 - alleged to have abused his authority of office by disregarding laid down tender procedures by engaging BUTTICO A1 to supply herbal drugs to the Ministry of Health.

Bulaya in the second count was between August 17, 2001 and April 4, 2003 alleged to have corruptly received K116 million cash gratification from Dr Yotsov as an inducement or reward for having engaged BUTTICO A1 to supply herbal drugs to the Ministry of Health. On the last count, he was between October 11, 2001 and June 17, 2003 alleged to have corruptly received K913 million cash gratification from Dr Yotsov for having engaged BUTTICO A1 to supply herbal drugs to the Ministry of Health.

Labels: AIDS, CORRUPTION, KASHIWA BULAYA

posted by MrK @ 6:38 PM