Saturday, October 06, 2012

Witness exposes Liato

Witness exposes Liato
By Agness Changala
Fri 05 Oct. 2012, 15:30 CAT

TRIAL in a case where Austin Liato is charged with abuse of authority of office yesterday commenced with one of the witnesses revealing that the former minister requested him to testify that the hammer mills were donated by him (the witness and not Konkola Copper Mines.

Liato is being represented by lawyers Patrick Mvunga, Mutemwa Mutemwa, Nellie Mutti and Moses Chitambala.

It is alleged that on or about June 8, 2011 in Lusaka, being member of Parliament for Kaoma Central Constituency, Liato abused the authority of his office by facilitating the sinking of two boreholes at his farm in Mwembeshi which were meant to be sunk in Kaoma.

[Corruption is not a good thing, but this is still very small compared to the hundreds of millions of dollars diverted under the MMD. Let's go after that instead. - MrK]

It is also alleged that Liato obtained property advantage, an act prejudicial to the interests of government and the people of Kaoma Central Constituency.

In count two, it is alleged that on dates unknown but between May 14 and 19, 2011 in Lusaka, being a member of parliament for Kaoma Central Constituency, Liato abused the authority of his office by facilitating the diversion of two hammer mills meant for the people of Kaoma to himself, thereby obtaining property advantage, an act prejudicial to the interest of government and the people of Kaoma Central Constituency.

Testifying in the case, then head of corporate affairs at Konkola Copper Mines (KCM) Chintamani Kharkar told the court that on December 30, 2011, he received a phone call from Liato to meet with him at his residence in Kalundu, which he did.

Kharkar told the court that Liato asked him whether he could testify in court that hammer mills at his farm in Mwembeshi were donated by him instead of KCM since he had been accused of keeping stolen property at his farm.

He said Liato further asked him to find a buyer for one of his vehicles to enable him to pay legal fees.

"My response to both was that it was not possible," he said.
And Kharkar said on October 2, 2012, he received another call from Liato, asking him for the contact numbers of the KCM chief executive officer.

He said he gave Liato both the cell phone and landline numbers.
Kharkar told the court that Liato called him when he was collecting the hammer mills and thereafter.

Earlier, Kharkar said in 2010, his office received a request form Liato through the CEO's office to look into and assist in the development of the constituency by donating four hammer mills and sinking two boreholes.
He said after assessing the request, he forwarded it to corporate social responsibility manager Chita Sampa.

During cross-examination by Mvunga, Kharkar told the court that he did not ask why Liato was asking him to testify and did not respond to his request.
He said Liato collected the hammer mills although he did not recall the date when they were collected.

He said the hammer mills were supposed to be taken to Kaoma but learnt through the press that they were at Liato's Mwembeshi farm.
Kharkar said he never went to the farm to see the hammer mills.
And Sampa told the court that the total cost of the project for the hammer mills and boreholes was K128 million.

She said the project had documentation to specify that the project was a donation to Kaoma Constituency and that she signed the document which she tendered into court as part of her evidence.

Earlier, Sampa told the court there was a memo that had two quotations from SARO Agro Equipment and Zambezi Drilling for hammer mills and boreholes.
She said the memo also listed the names of the communities which were to benefit from the donation.

Sampa said she also initiated the process of procurement by getting written approval from the CEO for the project even though she did not follow up on the results.

She said when she looked at the quotations and assessed the total cost of the project, she felt that the amount was huge and recommended that the cost be reduced.

Another witness, Milton Sinyangwe, a commercial officer at KCM, told the court that in July 2010, he received an approval note with attached documents of works already done, which involved two boreholes and two hammer mills.

Sinyangwe said his role was to facilitate the payment process on the works done.
He said he raised the commercial note for approval and that it was approved by relevant officers at KCM, who included the CEO.

Sinyangwe also confirmed that invoices from SARO and Zambezi Drilling were attached, showing that they supplied to two hammer mills and sunk two boreholes. Trial continues.



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