Maravi

Police to press fresh charges against Mwale

Police to press fresh charges against Mwale
By Mwala Kalaluka
Thu 29 Dec. 2011, 13:58 CAT

SECURITY agencies have told the Lusaka magistrates' court that they will institute fresh investigations against former mines minister Maxwell Mwale following information that a Chinese mining company paid duty for his electoral campaign bicycles.

But Mwale's lawyer, Sakwiba Sikota says moves by a combined team of investigative agencies to record a fresh statement from his client when he is already before the court are unfair.

Sources yesterday disclosed that the search at Mwale's Makeni home on Tuesday afternoon was meant to establish how some bicycles found in his possession were procured.

"We feel there was corruption in the way the bicycles were bought," the source said.

"Quite alright, they were bought by his company but a Chinese company paid for the duty. How can a Chinese company pay duty for his bicycles when he was a mines minister?"

The sources said the Chinese mining firm that allegedly paid duty for Mwale's campaign bicycles was Zhongui Mining, which they said was awarded a mining licence in suspicious circumstances when Mwale was at the helm of the ministry of mines.

"So we are going with him after the trial at court and we shall warn and caution him there former Task Force on Corruption offices," the source said.

During the hearing of the case in which Mwale is facing one count of failing to account for 261 bicycles reasonably suspected to have been stolen before magistrate Banda yesterday, Sikota asked if the investigators could allow his client to have lunch before leading him to be interrogated.

One officer from the investigative agencies agreed to Sikota's request after confirming that they were poised to pick up Mwale immediately after the hearing.

But earlier during the hearing, Sikota described the conduct of the investigative wings as very sad.

Sikota said when the case was adjourned on Tuesday at 13:17 hours, a combined team of security officers accosted Mwale in order to go and search his home.

Sikota said the probe team concluded their search expedition at around 18:30 hours and they subsequently issued a notice of seizure of Mwale's tractor and trailer.

Sikota said the State was probing issues related to the same charge that Mwale was facing before magistrate Banda and he complained that the police wanted to compel Mwale to give evidence against himself.

"They have already brought him before this court, they can't be seen to be still conducting the investigations," Sikota said. "They can't be still taking statements from the accused person."

Sikota said the investigative wings' conduct was against Articles 11, 18 and 23 of the Republican Constitution and he asked magistrate Banda to refer the issues to the High Court for determination.

Sikota said it was clear Mwale was being discriminated and targeted because of his political affiliation to the opposition MMD.

He said his assertion that Mwale was being targeted was reinforced by Vice-President Dr Guy Scott's recent statement that investigations would be focused on the former MMD leaders.

"These are very serious issues that go to the core of fair treatment under the Constitution," Sikota said.

In response the State told Mwale to wait for new charges because they were coming.

They said the fresh investigations against Mwale had nothing to do with the matter that was already before magistrate Banda.

The state prosecutors argued that there was no bar to the extent to which a person appearing in court could be investigated over different matters.

They said investigations in the matter before magistrate Banda had been concluded and sealed.

The prosecutors said the matters brought before the courts were not targeted against any individuals or groups but that they were based on the information investigative officers had.

Magistrate Banda reserved ruling on Sikota's application to today.

Testifying in the matter, MMD national secretary Chembe Nyangu said he was surprised that Mwale's bicycles had become an issue.

Nyangu, 55, said he personally asked Mwale, being a senior member of the party, to contribute bicycles towards the by-elections that took place in the country's three constituencies and some local government elections.

Nyangu said he was the one that sent his driver in October this year to go and collect campaign bicycles that Mwale had pledged to contribute.

However, Nyangu said his driver called him the next morning to inform him that police had impounded the party's light truck, which was carrying the bicycles.

Nyangu said it was surprising and unreasonable to suspect Mwale over the bicycles because it was common knowledge that all political parties distribute bicycles to the electorate.

Nyangu said it was crucial for the MMD to have the bicycles because its motor vehicles had been impounded by the police.

Hearing continues.

Labels: CORRUPTION, MAXWELL MWALE, MDC CORRUPTION, SAKWIBA SIKOTA

posted by MrK @ 6:35 PM