Mohan vows to expose 'criminals' in Judiciary
By Mwala Kalaluka
Wed 22 Jan. 2014, 14:00 CAT
Murder convict Matthew Mohan says he will in time resurrect to expose some individuals within the Judiciary that nicely and calculatedly orchestrated his death sentence in order to protect their criminal interests.
Mohan, the Inktech managing director, who was last year sentenced to death by Supreme Court judge Gregory Phiri, sitting as a High Court judge, over the murder of Cyclone Hardware proprietor Sajid Itowala, said it pains him that the people that committed the crime were freely walking the streets of Lusaka and South Africa.
He, however, said he was going to fight his case in the Supreme Court and had faith that the highest court in the land would vindicate him through his appeal.
Mohan said being sent to the Condemned Section at Kabwe's Mukobeko Maximum Prison had not put him down and that very soon, the truth would come out about the Itowala murder.
"I have never wanted to comment about the whole thing from the start," said Mohan, who appeared as a witness in a civil matter where Cubit Zambia Limited has sued African Gases before High Court judge Albert Wood.
Labels: CORRUPTION, JUDICIARY, MATTHEW MOHAN
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Musonda visited me in prison - Mohan
By Namatama Mundia and Agness Changala
Thu 17 May 2012, 12:00 CAT
INCARCERATED murder suspect Mathew Mohan says suspended Supreme Court judge Phillip Musonda visited him in prison and begged him not to testify against him in the judge Lovemore Chikopa tribunal.
Mohan told journalists yesterday, after a case where he is jointly charged with Mary Gibbons and court interpreter Maxwell Jiki of corruption involving K10 million was adjourned to July 25, 2012 for judgment by Lusaka High Court deputy registrar for court operations Chilombo Phiri, who sat as a magistrate.
The Zambia Daily Mail recently reported that judge Musonda visited Mohan at the Lusaka Central Prison, commonly known as Chimbokaila where the latter is currently serving a two-and-half-year sentence for obtaining goods by false pretences.
However, judge Musonda, whose request to be retired in national interest was rejected by President Michael Sata, in a letter to justice minister Sebastian Zulu said he never met or knew Mohan and that the Director of Public Prosecution DPP Mutembo Nchito and the Zambia Intelligence and Security Services ZISS were intent on fabricating evidence against him, adding that his life was "in danger".
But Mohan told reporters that he did not understand why judge Musonda was panicking over the tribunal set up to probe him over alleged misconduct with two High Court judges, Charles Kajimanga and Nigel Mutuna, because everyone saw him when he went to visit him at Chimbokaila Prison.
"He came to beg me not to testify against him but I am ready to testify before the tribunal if they call me," Mohan said.
And in a handwritten statement released by Mohan and copied to his lawyers Bonaventure Mutale, Likando Kalaluka and Kennedy Kaunda of Ellis and Company dated May 16, 2012, Mohan said it was amazing to see how many people were actually sincere in Zambia, especially over the fight against corruption in the Judiciary.
"I personally know how rotten and corrupt judge Musonda and Lusaka High Court deputy registrar for Subordinate Courts Charles Kafunda are. It is also shocking to see Kafunda even being promoted when both judge Musonda and himself are corrupt to the bone. These two are actual beneficiaries of the bribery money that caused the death of an innocent life, can't talk much because this matter is in court," Mohan said. "Today judge Musonda is saying he doesn't know me, shame, in Bemba they say 'Tabatuka ng'wena amolu yali mumenshi' or in Nyanja 'osatukana ngwena ngati matako yali mumanzi' don't insult a crocodile when your legs are still in the water or don't disparage a crocodile when your backside in still in the water."
Mohan said no one would stop him from telling the truth about how rotten and corrupt judge Musonda and Kafunda were because he knows them.
On judge Musonda's visit, Mohan said he was not going to comment much saying a beggar is not a chooser.
"Judge Musonda and his group will not tell me what to say or what not to say. Musonda first went to my lawyers Bonaventure Mutale S.C from Ellis and Co, but failed to achieve anything there, so he came to offer me a reward to keep quiet over the Itowala case, where he and Kafunda got bribes amounting to billions," he said.
Mohan said judge Musonda was now accusing Mutembo Nchito and the intelligence of trying to kill him.
"Shame on him," said Mohan. "Mutembo Nchito and the OP were not there when Musonda and Kafunda engaged themselves in the corrupt activities. Don't accuse others for your rottenness."
Labels: CORRUPTION, MATTHEW MOHAN, PHILLIP MUSONDA
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Chiluba’s aide ‘confessed he wrote the articles’
By Namatama Mundia
Fri 19 Nov. 2010, 04:02 CAT
A WITNESS yesterday testified that former president Frederick Chiluba’s spokesperson Emmanuel Mwamba confessed to him that he had authored two contemptuous articles relating to the Mathew Mohan trial.
In this case, Mwamba is alleged to have authored and published two contemptuous articles that circulated on the Zambian Watchdog web site which analysed Mohan and his co-accused Idris and Shabia Patel’s murder case.
During examination-in-chief led by Supreme Court judge Gregory Phiri, who sat as High Court judge, Post managing editor Amos Malupenga, told a packed courtroom that Mwamba had confessed having authored the two contemptuous and scandalous articles.
He narrated how Mwamba phoned him on the evening of October 18, 2010 asking if he had heard of the drama that took place earlier in court when Mohan commenced his defence and implicated some judicial officers and Lusaka lawyer Robert Simeza. He said Mwamba told him that Mohan’s testimony was the worst version of James Lukuku and that he was just a crook and liar bent on implicating innocent people like Simeza.
Malupenga said because he had arrived at Wila Mung’omba’s residence where he went for a function, he told Mwamba that they would speak later. After about two hours, Mwamba phoned back asking if Malupenga was free to talk but Malupenga was still busy and he didn’t phone back that evening.
The following morning, Mwamba sent a text message to Malupenga’s phone indicating that he had sent him a document. A short while later, Mwamba and Malupenga spoke. Mwamba said what he sent to Malupenga’s email box was just a summary of what he had wanted to discuss with him and that the two should talk after Malupenga had read the article.
Malupenga said when he opened his mailbox, he found the first anonymous article titled, “Sajid Murder - The Plot Thickens”, which was also sent to Amos Chanda.
Malupenga said he later sent a text message to Mwamba asking if the analysis on The Watchdog did not amount to contempt and that if it were The Post doing that, its editor could have been cited for contempt. This was on October 20 when he saw the same article published on The Watchdog.
He said Mwamba’s response was, “Aaaa. I have encouraged Simeza to meet with you.”
Malupenga had earlier phoned Simeza asking for a meeting.
Malupenga said he had several conversations with Mwamba who accused The Post of giving undue prominence to Mohan’s testimony because they had seen an opportunity to prove their corruption allegations against the judiciary using Mohan whom everyone knew to be a crook and a liar.
Malupenga dismissed Mwamba’s claims saying people at The Post were not cowards to hide behind Mohan as the newspaper had shown in the past that it could criticise the judiciary without hiding behind anyone whenever criticism was due. He said for now, The Post had no issues with the judiciary.
Malupenga said a few days later, he heard from colleagues in the newsroom that there was another analysis of the Mohan trial on The Watchdog but he did not check it on the very day because he was busy. He said he visited the Zambian Watchdog website on October 27 and read the article together with the accompanying comments.
“I was very upset when I saw how the author was cleverly trying to link The Post to the ‘scheme’ as it was referred to,” Malupenga said.
He said he phoned Mwamba asking him why he had proceeded to link The Post to the Mohan ‘scheme’ when the newspaper had clearly no interest in the matter.
“I briefly referred him to our earlier conversation but he said he was ignorant about what I was talking about. I asked him not to pretend that he didn’t know what I was talking about. I told him the first analysis; I was not concerned because he didn’t link us. But in the second one, he linked us and that is why I phoned because I was not happy,” he said.
Malupenga said Mwamba said he was surprised that Lloyd The Watchdog editor had decided to publish the article because he sent it to him on Sunday October 24, “just for his information”.
He said Mwamba said in any case, there was no need for The Post to worry because his reference to the newspaper was very innocent and in passing.
“He said The Post were never the target and there was no reason for us to overreact or to be sensitive over the matter,” Malupenga narrated.
He said he warned Mwamba that enough was enough and The Post was going to expose him because he had warned him earlier.
“He Mwamba said he could not understand why we were over-reacting because according to him, he had done bigger things against The Post and Fred M’membe in the past and we didn’t react the way we were reacting this time,” Malupenga said.
He said after about 30 minutes on the same day, he phoned Amos Chanda to inform him about his conversation with Mwamba but Chanda said he had already been contacted by Mwamba who told him that The Post were angered by the articles in question.
Malupenga said Chanda said Mwamba could not understand why The Post was angered by the two articles because according to him, his reference to the newspaper was very innocent. Mwamba asked Chanda to explain to The Post the context in which his harmless reference to the newspaper was made.
Malupenga said he told Chanda that they could meet although a decision to expose Mwamba had already been made.
He said he phoned Mwamba the following day, October 28, based on the information he had received and took him back to his previous conversation with him on the two articles. He said he decided to record this conversation with Mwamba.
Malupenga said when he put it to Mwamba, during the conversation which lasted for about 20 minutes, that he had a scheme to put a wedge between The Post and the judiciary, the latter responded that it was a pity there was such an interpretation because it was never The Post under attack in his anonymous article but the scheme meant to frame Simeza, that is what he was fighting.
“We ended the conversation with him saying he would rather discuss the matter in person and that he could come to my office so that we discuss face-to-face,” Malupenga said. “Up to now, Emmanuel has never come to discuss this issue.”
Malupenga said later in the evening, he received a text message from Mwamba saying he was going to discuss the issue with Chanda in the hope that the misunderstanding could be cleared.
He said he responded by saying that Mwamba should go ahead and discuss with Chanda but as far as The Post were concerned, there was no misunderstanding because they had always known his schemes against them.
Malupenga said after his meeting with Chanda, Mwamba sent a text message to his phone saying, “Actually, there was no meeting. I was just reprimanded. I think for a good cause.”
Malupenga said on November 2, 2010, he implemented what he had promised Mwamba by way of writing to him to put on record what was discussed concerning the two anonymous and contemptuous articles and also expressed anger at his conduct, which The Post considered to be habitual.
Malupenga said he indicated to Mwamba that he would be discussing with The Post lawyers on the way forward. He said he copied this letter to the Inspector General of Police Francis Kabonde and judge Phiri.
Malupenga said after Mwamba received the letter, he had another meeting with Chanda and that Chanda later informed him that Mwamba felt excessively and unfairly attacked and that he denied being the author. He said Mwamba had even issued a statement on the Zambian Watchdog to that effect because he had some integrity to protect.
Malupenga said he was very upset with Mwamba’s position and thought of phoning him so he could tell him off but later decided to send him a text message just to create a record because he had heard that Emmanuel was ready to repudiate his own confessions.
Malupenga’s text message to Mwamba on November 2, 2010 read: “My namesake Amos Chanda tells me u feel excessively and unfairly attacked and that u deny being the author and accuse us of wrongly accusing you. I am told u have issued a statement on the Zambian Watchdog in the bid to protect your so-called integrity. Surely, u cannot shamelessly repudiate your own confessions which will be collaborated corroborated by independent evidence.
“I hope u recall my earlier warning to you that u will accuse us of fighting u when we respond to your attacks. Its ok for u to attack us but it is wrong for us to defend ourselves. I kept warning u against linking us to Mohan issues because we have nothing to do with them but u were determined to do so. U should now justify why u only talked about The Post in your analysis and excluded other media houses that covered Mohan’s defence,”
Malupenga said Mwamba has never responded to his text to date. He said he still had all the text messages he referred to in evidence on his phone. He also had a CD containing his phone conversation with Mwamba together with its transcript and printouts from his mailbox showing the anonymous article he received from Mwamba’s mailbox.
Malupenga is this morning expected to tender all these before judge Phiri as part of his evidence. Judge Phiri said court officials should make arrangements to provide all the necessary equipment to enable the court to listen to the recorded conversation this morning when the matter comes up for continued hearing.
And Malupenga told judge Phiri that should need arise, he was able to prove that Mwamba was behind most of the anonymous articles although for now he would confine himself to the two articles which were of interest to the court.
Mwamba remains remanded in custody.
Labels: COURTS, EMMANUEL MWAMBA, FREDERICK CHILUBA, MATTHEW MOHAN, WILLA MUNG'OMBA
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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.
Labels: INKTEK, MATTHEW MOHAN
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Simeza initiated plans to bribe judge, magistrate — Mohan
Tuesday, October 19, 2010, 8:26
INK Tech managing director Mohan Mathews yesterday told the Lusaka High Court that Lusaka lawyer Robert Simeza allegedly initiated the plans to bribe a magistrate and judge to secure the bail of his convicted client, Rathi Kumar using the late Sajid Itowala.
Testifying in his defence before Supreme Court Judge Gregory Phiri sitting as High Court judge, Matthews said Mr Simeza was the one who introduced the deceased to him so that they could work together and help Kumar flee the country.
Matthews testified that the magistrate was allegedly first paid K150 million by the deceased after getting it from him and in turn the magistrate advised Rathi to behave like a mental patient in court.
This move was meant for him to recommend Rathi to go for a mental check up at Chainama Hospital, which was done and later be assisted to flee the country from the mental hospital.
This is in a case where Mohan, is jointly charged with Crown Paints brothers Idris and Shabir Patel with one count of murder.
It is alleged that the trio in July last year, whilst acting together with other persons unknown, murdered Itowala.
He told the court that earlier Mr Simeza had allegedly asked him to inform Rathi that they come up with plans to assist him flee the country and signed a cheque to purchase two air tickets, for Rathi not in his real names and the one for his mother in law, a Mrs Pitti.
Mr Simeza then organised to meet a National Airports official Fred Malama who was also allegedly bribed to ensure that he helped him with a check-in plan prior to the duo’s arrival at the international airport and he gave them two boarding passes.
He said on April 29 last year, Mr Simeza allegedly organised everyone involved alongside Rathi’s mother-in-law and they all went to Chainama to assist Rathi escape from hospital enroute to the airport.
“Shaun and Chileshe broke the main gates to Chainama mental prisons, switched off the lights but were disturbed by the alarm system and immediately ran away before they could rescue Rathi. The security men rushed to the prisons section and got Rathi back to Kamwala Remand Prisons.
Matthews said Mr Simeza allegedly advised him that there were so many ways of killing a rat and that Rathi’s father would be in the country to sort out the mess, and when he arrived he called for a meeting with Sajid.
It was at this point that Sajid allegedly told Rathi’s father, Mr Simeza and Matthews that he needed more money to assist Rathi with bail since by then he had already been convicted to four years.
He said his father organised altogether US$750,000, $450,000 for the judge who was going to handle the bail at the High Court and the $300,000 for the magistrate who allowed the bail application.
The defence continues today.
[Times of Zambia]
Labels: BRIBERY, MATTHEW MOHAN, MOHAN MATTHEWS, ROBERT SIMEZA
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Judge was bribed for bail, says Mohan
By Namatama Mundia
Tue 19 Oct. 2010, 04:00 CAT
Inktech managing director Matthew Mohan yesterday told the Lusaka High Court that a judge was paid US $200,000 in order to grant bail to Lusaka businessman Anuj Kumar Rathi who was convicted by the magistrate’s court while a magistrate received US $250,000 in the same case.
And Mohan told the court that Lusaka lawyer Robert Simeza introduced late Cyclone Hardware proprietor Sajid Itowala to him in their quest to help Rathi escape from lawful custody. Meanwhile, Simeza has withdrawn from the case as amicus curiae or friend of the court.
This is in a case in which Mohan is jointly charged with Idris Patel and Shabia Patel with murder. It is alleged that the three, acting with others unknown, brutally murdered Itowala in July last year.
Opening his defence in the matter before judge Gregory Phiri yesterday, Mohan claimed that Rathi’s father a Mr G.K. Rathi released US $750, 000 which was supposed to be paid to the judge and a magistrate. The judge was supposed to receive US $300,000 while US $450,000 was supposed to be received by the magistrate.
Mohan said Mr G.K. Rathi handed the full amount of US $750,000 to Simeza who later gave the money to Sajid. He, however, said Itowala did not give the judge and the magistrate, whom he identified as driving a Volvo car, the full amount as agreed in the meeting. He said Sajid gave the magistrate whom he met at Jazz Club in Lusaka’s Longacres area US $250,000 while the judge received US $200,000 which was taken to his residence in Woodlands.
Mohan said that despite the judge receiving the US $200,000, he did not grant bail to Rathi which was supposed to be in the sum of K100 million.
Mohan said about a week before bail was denied, Simeza called for a meeting at Pamodzi Hotel for an urgent discussion. He said during that meeting, Itowala complained that the judge phoned him to complain that Rathi’s relative phoned from India and complained that the bail had taken long.
Mohan also said Itowala informed the meeting that the judge was not comfortable with his involvement in money issues. He also said the judge was going to reject the bail application because of his involvement.
However, Mohan told the court that Rathi’s father demanded that his money be paid back.
Earlier in the morning, Mohan told a packed courtroom that the late Itowala informed a meeting which was convened at Pamodzi Hotel by Rathi’s father after efforts to have his son escape from lawful custody failed that he had fruitful discussions with a magistrate and a judge both of who were going to help in the matter.
“When I arrived at Pamodzi Hotel, I proceeded to the lobby where I found the bodyguards for Mr Rathi who directed me to the east wing. I found Mr Simeza, Sajid Itowala and the old man Mr Rathi. Mr Rathi asked Sajid how his meeting was. He said he had actually better news because he not only met the judge but the magistrate who was going to handle the matter,” Mohan narrated.
Mohan said Itowala informed them that the meeting he had with the judge was fruitful.
“He (Itowala) said Mr Simeza should do the bail application and it was going to be allocated to the right judge,” Mohan said.
He said Itowala also informed them that he had met the magistrate who was going to handle the matter. Mohan said the magistrate was supposed to convict Rathi because the case was very sensitive considering that his co-accused, Lieutenant General Wilford Funjika, was already convicted and the chances of him being released were slim.
He said Itowala told the meeting that the total amount to be paid to the magistrate and judge was US $750,000.
“Mr Rathi said he had no problem with the money but wanted deliverance,” he said.
Mohan said Rathi asked for five working days in which he was going to process the payment.
Earlier, Mohan told the court that Simeza is the one who introduced Itowala to Mr G.K. Rathi at Pamodzi Hotel describing him as a well-connected businessman with both the judiciary and the police.
“Mr Simeza made the introductions and after that Mr Rathi said he wanted to know the way forward, Mr Simeza said ‘we proceed with the trial at the subordinate court and we apply for bail in the Lusaka High Court’,” he said.
“Mr Rathi gave a go-ahead and said what we needed to put in place in order to succeed. At this point Sajid Itowala chipped in and said the same magistrate at the subordinate court was his friend and that in that area, we should not worry. He (Itowala) said the bail application in the High Court should be strategically planned so that it goes to the right person because there are tendencies to reject it if you don’t know some people,” he said.
Mohan said Itowala received a call from a person from High Court who said they should not talk too much but meet at Portico Restaurant.
He said Simeza commented that Itowala was well connected and that the people in the judiciary were in his pocket.
“Sajid mentioned that they had to make sure the finances were solid,” Mohan testified.
He said Itowala then excused himself and said he had to go and meet the judge at Portico.
“After Sajid left, Mr Simeza continued praising him that this Indian gentleman was going to deliver,” Mohan said.
And Mohan told the court how he and Simeza planned to help Rathi escape from lawful custody.
He said Simeza organised two men, Sean – a coloured - and a Mr Chileshe, with his help. He said Sean and Chileshe were supposed to break a lock at Chainama Hospital Prison where Rhati was taken for the medical experts to determine whether or not he could stand trial. He said as they tried to do that, the alarm went on and they ran away and the prison officers shot in the air.
When this was happening, Mohan said, he and Simeza were parked outside Chainama Hospital waiting. Mohan said when Simeza saw an ambulance entering Chainama Hospital, he phoned Sean and Chileshe asking them to leave immediately, and they complied. He said Simeza drove behind the ambulance and saw Rhati in there. He phoned Mohan who was in another vehicle saying he had seen Rhati in the ambulance for the prison and was being taken to Kamwala Remand Prison. At that stage, they left everything for the next day.
Mohan said the next day, he went straight to Kamwala Remand Prison to take some breakfast for Rhati. He said prison officers there asked him how he knew that Rhati had been moved there and he explained that the officers at Chainama told him so.
Hearing continues today.
Labels: BRIBERY, CORRUPTION, COURTS, JUDICIARY, MATTHEW MOHAN, ROBERT SIMEZA
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