ACC prosecutors are not imposters, court tells corruption-accused Savenda boss

By
Melony Chisanga
-
9
470
THE Economic and Financial Crimes Court has ruled that the prosecution team from the Anti-Corruption Commission does not need to justify that they are legal practitioners in order to try director and shareholder of Savenda group of companies Clever Mpoha.
 
Mpoha who is yet to answer to allegations of bribery and tax evasion, had accused ACC prosecutors of being imposters on reasons that they were not publicised in the government gazette.
 
Lawyer representing Mpoha and his company Eagle Trading limited, Milner Katolo said his clients cannot take plea because the prosecutors did not obtain consent from the Director of Public Prosecutions in relation to the bribery charge and that of the director general of ZRA to prosecute tax offences.
 
He said according to section 64(1)of the ACC Act no prosecution shall not be had for any offence without the consent of the director of prosecutions but ACC drafted the new charges pursuant to Section 20(2) of the Anti-Corruption Commission Act.
 
Katolo said the prosecution team was impersonating public prosecutors and demanded that the advocates produce the government gazette in which their names were published as prosecutors.
 
Ruling on the matter principal resident magistrate Sylvia Munyinya said according to the ACC Act the graft-fighting body does not have to seek authority from the DPP to prosecute but has to abide by the directives of the said office.
 
She clarified that a public prosecutor who is a State advocate, attorney general, solicitor general and legal practioner representing the people in a criminal matter doesn’t have to be appointed by the DPP to be a public prosecutor, to act on behalf of the public.
 
“The prosecutors before me are competent to prosecute. An advocate does not have to prove that he or she is an advocate to be granted audience. This is also evidenced by the fact that all advocates appearing for the accused have not filed any evidence as proof that indeed they are advocates,” she said
 
“Therefore even the advocates from the ACC don’t t have to produce evidence to show that they are advocates.”
 
She directed the State to obtain consent to prosecute from the DPP in relation to the bribery charge and that the tax offences be separated from those of corruption, as they are unrelated.
 
Ruling on the new charge relating to Stardy Mwale’s farm in Chikankata district, magistrate Munyinya said the State can add charges to an indictment at any time, if the offences are founded on facts on which the accused was informed about during warn and caution.
 
In this matter Mpoha and his company Eagle Trading International Limited are jointly charged with Mwale a former permanent secretary in ministry of defence, for corrupt practices.
 
It is alleged in count one that Mwale between March 1,2017 and October 31, 2018 being a permanent secretary in the ministry of defense corruptly received US$200,000 from Eagle Trading International Limited as a reward for facilitating the payment of management fees to Africa Security Academy emanating from a contract to supply uniforms to the ministry of defense a transaction which concerns the said ministry which is a public body.
 
In the second count Mpoha and Eagle Trading limited between March 2017 and October 31, 2018 whilst acting together, corrupted Mwale by giving him $200,000 as gratification for facilitating the payment of arrangement fees to Africa Security Academy.
 
Mwale is in the third count accused of possessing farm no.132 between January 1,2017 and December 31,2021 in Chikankata district which is suspected to be tainted.
 
In the fourth fifth and sixth count Mpoha and his company Eagle Trading International limited are between January 2016 and December 2021, accused of evading tax by filing false tax returns to the Zambia Revenue Authority for the years 2017, to 2019.
 
Mpoha and Eagle Trading International limited are in the seventh to ninth count accused of failing to comply with the provisions of the income Tax Act between January 2017 and December 31,2021 for the years 2018,2019 and 2020.
 
The matter comes up on March 29.
 
By Mwaka Ndawa
 
Kalemba March 25, 2023.
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