Thursday, November 18, 2010

African Gases Ltd didn’t pay Mohan K150m - witness

African Gases Ltd didn’t pay Mohan K150m - witness
By Namatama Mundia
Thu 18 Nov. 2010, 12:01 CAT

A WITNESS from African Gases Limited has told the Lusaka High Court that his company never issued a cheque in the name of Inktech managing director Mathew Mohan. This is in a case where Mohan is jointly charged with Idris Patel and Shabia Patel with the murder of Sajid Itowala.

It is alleged that the trio last July whilst acting together with others unknown, brutally murdered Itowala, the proprietor of Cyclone Hardware.

Testifying in the matter before Supreme Court judge Gregory Phiri sitting as a High Court judge on Tuesday, African Gases Limited director Philip Mumbwe, 67, said during evidence in rebuttal that he did not find any transaction of K150 million payable to Mohan.

He said Mohan did not have any business with his company.

Mumbwe however, said his company only had three significant payments made to a Mr J.C Mathew.

“On 20th March, there was a cheque for K100 million issued by African Gases Limited payable to JC Mathew as advance payment for purchase of a staff bus,” he said.

Mumbwe said the other cheque was issued on April 3, 2009 for K50 million payable to JC Mathew as an additional payment towards the purchase of a staff bus while another cheque was for all the debts his company owed JC Mathew.

He said JC Mathew was well known by their company because of the previous transactions he had with it.

Mumbwe said he knew Mohan as a son of JC Mathew.

And judge Phiri warned Mohan’s lawyer Likando Kalaluka to behave himself.

This was after Kalaluka tried to object to Mumbwe’s testimony saying they were elements of hearsay.

But judge Phiri overruled the objection and advised that the evidence of Mumbwe should flow.

He said Mumbwe is one of the directors of the company and his evidence is from the company records, adding that saying it is hearsay would be extending it too far.
Kalaluka apologised to the judge who warned him against what he termed silent reaction.

Another lawyer representing Mohan, Bonaventure Mutale applied for an adjournment of cross-examination because the defence want to cross-examine Mumbwe on the bank statements.

The matter comes up on November 29, 2010 for cross-examination.

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