ACB Hiding K4 Billion Cashgate Document In Kalonga Case From DPP Office

Mary Kachale; DPP

The office of Director of Public Prosecution (DPP) has asked court to compel sister institution, the Anti Corruption Bureau (ACB) to release document belonging to former Chief of Tourism Leonard Kalonga, that details the distribution of K4 billion among Cashgate beneficiaries.

Kalonga was convicted following his guilty plea on conspiracy to defraud government using forged documents and paid the money to bogus suppliers. Charges includes money laundering of K520 million where he facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses of Paul Mphwiyo and Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion.

On Monday, DPP, Mary Kachale informed court that ACB investigators are keeping the document which details distribution of K4 billion among cashgate beneficiaries which Kalonga had provided during 22nd October 2013 interrogation.

Kachale said attempts by her office to get the document from ACB yielded nothing for almost a year now.

Speaking in an interview, Kachale said since her office does not have powers to compel ACB to produce any document to her office, the court would be an appropriate institution at this time to force ACB release that document to her office.

She said her office is very keen to see the document and therefore could not wait and be silent any longer when several attempts to ask ACB to produce the document internally yielded nothing.

“If a document was found with Leonard Kalonga that had distribution of K4 billion, we are interested to know what did that document say, and to whom…”

She emphasized that her decision to ask the court to intervene was not to turn on her sister institution, but “this is justice” and they “just need the truth” 

While emphasizing that she waited long enough and could not remain silent as Director of Public Prosecution, Kachale also did admit that the defense has been asking the State why it never disclosed that document to court.

“When Kalonga was pleading guilty his lawyers did ask why the state never disclosed the document that was found in the office and the House of their client. We committed we are going to investigate and find out but those investigations have yielded nothing, that’s why I brought it up in court to say the court should assist” she said 

Kachale has also put to question the the failure of the ACB Investigators to disclose such an important document to DPP office. She further raised her perplex questions on whether if or not there is need for powers of her office on ACB investigations.

   

“You have noticed that we work very well with the prosecutors in ACB. There is power that the Director of Public Prosecution has a say in what prosecutors in the ACB do under the consent, but Investigators in the ACB are not answerable in any way to the Director of Public Prosecution. So, may be this calls into question that I always ask; who watches the watchmen, who polices the investigators?

Should the office of the Director of Public Prosecution, may be have some powers also in terms of evidence? ….It’s a difficult question I am raising now I know am raising it deliberately because it has taken us one year and there about to try to get that document but we are not getting it.”