DEC says Amos Chanda is not facing any case of corruption or money laundering before any court in the Republic of Zambia.
Lusaka, Oct. 13 – A senior DEC investigations officer has told the Lusaka magistrates court that Amos Chanda is not facing any case of corruption or money laundering before any court in the Republic of Zambia.
Boyd Munalula (48) of plot number 2469A Kwamwena-Meanwood, Lusaka, told Lusaka Principal Resident Magistrate Irene Wishimanga that the only case the DEC had before court against Mr Chanda is that of the alleged missing court record.
And Munalula, the arresting officer and prosecution witness number 10, revealed that the Director of Public Prosecutions (DPP) has directed DEC to reopen a matter that was closed via a prosecui prosecui on 12 May 2020 by adding new issues but leaving out Walid El Nanus, the Lebanese national who the prime suspect in the case. Zindaba Soko was accused number two whilst Amos Chanda was accused number three.
“The DPP has guided us to reopen the case but with new issues added. I have not summoned Walid El Nanus but Zindaba Soko and Amos Chanda are under investigations. I released Walid’s passport and I don’t know where he is now,” Munalula said.
Asked by defence counsel Timmy Munalula whether he, Munalula the DEC arresting officer in both cases was ever in possession of Walid’s passport, the witness answered in the affirmative but said he did not remember when.
Lawyer: “Was this the same man who was deemed a flight risk during the trial and investigations in the now closed matter?”
Witness: “Yes this is the same person but I am not investigating him in this case.”
Lawyer: “He is now a special case when in fact you arrested people including a lawyer who you accused of attempting to get Walid’s passport released? If you are reopening the case where he was accused number one, how is he not of interest to you?”
Witness: “There are further investigations that are ongoing.”
He insisted that with regard to the alleged missing court record, it was not necessary to interview Walid or Zindaba Soko because he was only focused of Amos Chanda.
Another defence lawyer Benjamin Mwelwa put it to the witness that the last and only person to have ever done a search on the court record was the same Walid El Nanus but the witness said he was not aware of that.
Lawyer: “The Court Registry is a public place with a well documented system of records showing who searched on a particular record. I therefore put it to you Walid is the only person to have done a search on the record you are alleging has been stolen.”
Witness: remains silent
Defence lawyer Munalula asked witness Munalula why it was only he in the entire DEC with the expertise to investigate Mr Chanda because he has summoned him on more than six times and arrested him three times between 2016 and now.
The witness admitted that he has “interacted alot” with Mr Chanda but only from 2019 and now.
Lawyer: “Who is Mary Sikazwe?”
Witness: “She was director-general at FIC.”
Lawyer: “Ok is she, in her trajectory of frequent name change, the same person who became Mary Tshuma?
Witness: “She is Mary Chirwa, the former director-general of the DEC.”
Lawyer:Ok this the same person on whose superior orders you detained Mr Chanda for six long days on a simple bondable offence?
Witness: “No we bonded him after two or three days.”
Magistrate intervenes: “Oh, ok, you bonded him?
Witness:“I can’t remember but it was for a few days. I don’t know how many days he stayed in police cells.”
Lawyer: “But you are the arresting officer who detained him right?”
Witness: “Yes.”
Lawyer:“Witness, Mr Munalula, be fair to others and to yourself. The only privilege that puts you where you are is simply that you are a public officer and so act with fairness and not with malice. This court, this same court granted bail to Mr Chanda after you denied him bond despite having met all the requirements. And you want this court to believe you on other things you have said when you can tell lie like that?”
Witness: “No, we did not give him bond. This court granted him bail.”
So, added defence counsel Munalula, it explains why this arresting officer, and Mary Chirwa’s personal vendetta against Amos Chanda is so extreme that it led them into a wild goose chase to go and dig up an entire floor of an entertainment chalet at 23B Serval Road Kabulonga in search of a fictitious $20 million that was supposed to have been buried there.
Lawyer:“In February this year whilst this case was ongoing, acting on a social media story and false informants you led a team six DEC officers and 13 prisoners to the former residence of Mr Chanda who left that place more two years ago to go and ransack a property in search of $20 million and evidence of 48 houses you alleged he owned in Chalala.”
Witness: (Smiles broadly and answers) “I can’t say anything about that.”
Lawyer: “May the court take judicial notice of the demeanour of this witness.”
Lawyer: “Tell me about the superior orders upon which you declined to give bond to Mr. Chanda. Whose orders were they?”
Witness: “I don’t know anything about that.”
Lawyer: Be truthful and avoid pushing us towards making necessary applications. I don’t want to give evidence from the bar but I was there. I was in the room when you said this to Mr Chanda.
Witness: Remains silent
After a short break, prosecutors begged for some comfort for their witness asking the court to allow him to sit down as he endured the remainder of the nearly three hours of cross-examination.
Magistrate: “Is he unwell?”
Prosecutor: “No Your Worship, it is hot.”
Lawyer: We are still a long way to go!
The court sat for four hours from 10:00 hours throughout lunchtime until 14:30 when the State applied for an adjournment to call one more witness despite having dispensed with Munalula the arresting officer who had summed up the evidence of nine other witnesses ahead of him.
The court adjourned the matter to 15 December 2023 but excused Mr. Chanda from appearing for mention on 10 November 2023.
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