THE economic and Financial crimes Court has set December 12 for ruling on whether or not Joseph Malanji and his co accused Fredson Yamba will be found with a case to answer for the alleged mismanagement of public funds and possession of tainted wealth.
The State closed its case yesterday after top Drug Enforcement Commission investigator Kwaleyela Mukelabai concluded his lengthy testimony of how he solved the puzzle of Malanji and Yamba’s alleged crimes during investigations.
In cross examination by Malanji’s lawyer Makebi Zulu, Mukelabai maintained that according to his investigations Malanji never made any profit from the neighboring Democratic Republic of Congo through his businesses.
He said Malanji falsified documents claiming his company Gibson power systems was sub contracted for specific works by China Civil.
“According to your client Malanji, Mass investment paid money through Row Bank to Gibson power systems and that he told Mass investment to get the money from China Civil,” Mukelabai said.
“The company itself Mass Investment is not existent in the Congo, according to the documents from the Bank. Mass investment is non-existence according to address.”
Asked if he spoke to owners of Mass Investments, Mukelabai said it was impossible to speak to mass investment about the loan agreement because it is non existent.
“The documents provided had a wrong address and wrong numbers. I had one mission to verify the document and information given by your client (Malanji) not to look for signatories to the loan,”he said.
Asked if the documents were false the investigator said; “That’s why your client is in the doc because he manufactured them. He made them or could have made them which ever one suits.”
“It’s was difficult to trace the owners of the company because the details were false. Mr Malanji hysically signed the sub-contract he represented the company, personally there’s nothing on him,” Mukelabai said.
When asked about how many properties Malanji owns Mukelabai said he knows of the seven
houses in Silverest gardens, a house in Roma park and some properties in Kitwe.
He said the his focus of interest regarding his investigation was the financial transactions made by Malanji between 2020 and 2021.
“The charge is not about acquisition but possession. He possessed Gibson Royal Hotel in 2020 after the application of funds from Morocco,”Mukelabai said.
“There is illegality about the trips from Morocco he deposited US$500,000 which was used to liquidate the loan he obtained from FNB.”
When asked if there was anything wrong to possess the said amount the witness said it is reasonable suspicion for illegalities;”to have such an amount if you can’t afford.”
He said Malanji remained silent about the money when he was questioned.
Asked if he shredded the warn and caution statement he recorded earlier Mukelabai denied.
“I never tore any statement I recorded a statement in the presence of his lawyers, I never interviewed him earlier. I never tore a statement in your face,” Mukelabai said.
“Prior to the warn and caution he gave documents relating to the Congo and when I interviewed him on November 1 he changed his statement saying he was hedging funds, that made me suspect.”
Asked if Malanji was part of the ministerial procurement committee, Mukelabai denied.
He confirmed that the correspondence was between former presidential economic advisor
Hibene Mwiinga told Yamba to encourage ministry of foreign affairs to obtain a loan from Vakif Bank in Turkey to buy a chancery and staff houses.
Mukelabai also maintained that Malanji diverted US$4.6 million the money meant for the purchase of a chancery in Turkey.
“Christopher Pomboloka who was Mr Malanji’s driver said he carried the bags that Mr Malanji came with from Turkey and put them in Mr Malanji’s sitting room,”
“I know the bags had money and ended up in Malanji’s house according to what I was told.”
He said he attempted to interview Burhan Asaf Safak regarding to the purchase of a chancery, he never cooperated and threatened to unleash
the Turkish army on him.
Mukelabai added that variation happens within a head and not across heads hence the reason Yamba landed himself into trouble.
In this case Yamba a fomer secretary to the treasury and his co-accused Malanji are accused of failing to adhere to guidelines relating to the management of public resources and possessing property suspected to be proceeds of crime.
Yamba is alleged to have abrogated the law relating to the management of public property when he approved the transfer of K154, 201, 197 for the purchase of a chancery in Turkey.
Malanji is accused of possessing two helicopters BELL430 and a BELL 206 Jet Ranger helicopter suspected to be proceeds of crime.
Magistrate Wishimanga directed the parties to ensure that they file submissions within 21 days by November 19.
The matter comes up on December 12 for ruling.
By Mwaka Ndawa
Kalemba October 30, 2024.
