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.”

CashGate Case: State, Defense Differs On Kalonga Sentencing Submissions Facts: Court Reserves Ruling To Wednesday

The High Court in Lilongwe has reserved its ruling to Wednesday on differences on the facts relating to sentence submissions between the State and Defense in the cashgate case of former Chief of Tourism, Leonard Kalonga.

Kalonga was convicted following his own guilty plea for defrauding government money more than K3 billion between April and September 2013.

In their submission, the defense claims that the convict had wanted to plead guilty at an earlier stage but the state (both DPP office and Anti Corruption Bureau ACB) had prevented him from doing so. But state is fighting back saying the claim is not true.

If the accused person at a very early stage pleads guilty, indicates other more offenses that were committed than were charged and cooperates with investigations, can have a lesser sentence unlike when someone plead guilty after the state has done all the work to prove someone guilty.

Now, the court has adjourned the case to Wednesday to deliver its determination whether or not the dispute is substantive enough to hear the witnesses. This followed State application of Newton Hearing for it to respond to the claims by defense as well as enable the court to have a clear factual basis for sentence.

Kachale

According to Director of Public Prosecution (DPP) Mary Kachale said at this stage, if the Judge decides to hear the facts in dispute which are essential for sentencing after Kalonga plea of guilty, means there would be ‘Newton Hearing’ whereby court will hear witnesses on facts that parties are disagreeing on.

Defense lawyer Emmanuel Theu told court that the Newton hearing application was unnecessary.

But Kachale said the state is prepared to have witnesses from ACB and DPP office to prove that the defense claims are not true. 

“If indeed it would transpire that it is true then let the court be the one to determine that, but we cannot allow such an allegation to just go without making attempts to dispute them.” Said Kachale

“We have been hearing too many allegations of perverting the course of justice. Now what we are saying and what I am saying as Director of Public Prosecution is that the submissions made by the defense seems to imply as if the office of the Director of Public Prosecution or the ACB were perverting the course of justice in preventing Leonard Kalonga from pleading guilty at an early stage. That’s too serious allegation to leave without disputing. 

If indeed Mr. Kalonga has the good course to do that then let Malawians know the truth through the court.”

House Adopts Proposal To Change Act On ACB Appointments

The National Assembly has adopted a motion that seeks to amend section 5 (1) of the Corrupt Practices Act with resistance from Government side.

The motion which came under Private Members' Business was moved by Honorable Member for Lilongwe South West, Peter Chakhwantha proposing amendement of the section so that powers to appoint and fire Anti-Corruption Bureau’s Director General and its deputy be moved to the Parliament and not the President as it has been long practice.

Chakhwantha moved that “In order to ensure total independence and tenure of office of the Director and Deputy Director of the Anti Corruption Bureau ACB, this House resolves that an Amendment Bill to amend Section 5 (1) of the Corrupt Practices Act be drafted forthwith and presented for consideration in this House by the mover of the Motion in liaison with the relevant competent experts before the end of the Meeting specifically the Bill must amend Section 5 (1) of the cited Act to provide for the appointment of both the Director and Deputy Director by the Public Appointments Committee of Parliament based on merit and through an open recruitment process and that the Director be reporting and answerable to Parliament through the Public appointments Committee”

The motion got overwhelming support by most opposition parties and some independent legislatures whilst Government side opposed any alteration of the provision.

There was also division of votes which lead to the row call where each member of parliament was voting if they want mover of the motion to continue to windup his motion or not. The Government benches voted no while the opposition members voted yes. But at the end of this voting opposition won with 75 votes while Government side got 67 votes and there were 51 absentees.

Speaking in  an interview after the motion was adopted the mover, Honorable Peter Chakhwantha said was excited at last that the process to the independence of the Anti-Corruption Bureau has begun.

“The motion was all about trying to help the members of staff of Anti-Corruption Bureau particularly starting from the top to the bottom. We know that since 2005 this country enacted the law to establish an office which is supposed to be a watchdog over all government institutions and private individuals is issues of embezzlement. 

We know that corruption is evil, but the only way we can manage eradicate corruption is by driving the change. Having worked with ACB before, I came to their conviction that we need to start with creating room for the Director and Deputy Director then to the rest of members to feel and independent working environment. 

He said he in consultation with other opposition parties including his party, Malawi Congress Party (MCP) are ready to make the drafting of the amendment bill before the rise of this 2nd Meeting of the 46th Session of National Assembly.

“So what has happened is that the members of the August House have agranted me as a mover of the motion and those who are willing to help me to come up with an amended bill so that we are able to proceed with such an amendment to have the Director of ACB to be reporting to Parliament instead of current scenario where he reports to President as well as to be appointed by the Public Appointment Committee so that even his job security is well secured." He said 

"You have witnessed a number of times where president come in and fire Director of ACB simply because they feel he is not one of their own, so with this motion we feel we must protect ACB and make it absolutely independent.” added Chakhwantha

ACB Calls For Patriotism Ahead Of Commemorations

The Anti-Corruption Bureau (ACB) has encouraged citizens to continue working with the Bureau in the fight against corruption.

Senior Public Relations at ACB, Egrita Ndala made the call ahead of International Anti-Corruption Day commemorations scheduled for 17th December 2015 at Chisitu ground in Mulanje district.

Speaking in an interview, Ndala noted with gratitude the encouraging support and participation the Bureau got from people this year in the fight against corruption. Among others she said people were able to provide the Bureau with tips, able to cooperate when being interviewed as well as being available to Court when asked to.

“We see that there is that participation from people, but what we would want to ask is patriotism because this fight is not for ACB alone, but is for everyone. So we would like everyone to be patriotic, to love their country and take part in the fight against corruption by not engaging in it.” She said

While adding encouraging people to continue reporting to ACB on any suspected corruption acts, Ndala also urged Malawians to take part in civic educating others on dangers of corruption to the country. 

“They can also educate others on importance of desisting, rejecting and reporting corruption because sometimes people do things out of ignorance, so they should us help in educating people that practicing corruption is evil and bad to our country.” urged Ndala

The ACB is commemorating International Anti-Corruption Day on 17th December 2015 at Chisitu ground in Mulanje district under theme ‘Patriotism Key to Fighting Corruption’. Initially the Bureau planned to commemorate this year’s event on 9th December  at the same venue.

The Bureau used to commemorate the National Anti-Corruption Day on February 5, but they changed to December 9 to match with the World Corruption Day.

Cashgate Case: Kalonga Lawyers File Sentence Submissions On 1st October

The High Court in Lilongwe has directed parties in the Cashgate case of Leonard Kalonga to make submissions of the sentencing by the first weeks of October.

The Prosecution and Defense were back in court on Tuesday to hear directive of the court on how both parties may proceed with the case following adjournment of the case on 26th August 2015.

Reyneck Matemba 

Deputy Director General of Anti-Corruption Bureau (ACB), Reyneck Matemba, said in an interview that during the sitting which lasted few minutes, Court directed that the Defense should file their submission on sentencing by 1st October 2015 and the state is expected to respond by 12 October 2015

"The court has directed that by 1st of October 2015, the defense should file their sentence submission. While us, the state have been asked to file our submission on sentencing by 12 October 2015." He confirmed

"After making our submissions to the court, we will wait to hear from the court on date of when to do oral submissions" Matemba explains

The ACB Deputy Director, also indicated that then, the court will make its directive of when it will pass the sentence.

Former Chief of Tourism, Leonard Kalonga was found guilty and convicted of conspiracy to defraud government using forged documents and paid the money to bogus suppliers. Other 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.

Kalonga pleaded guilty to all charges and made revelation that he recruited 17 companies to steal from government.

In his voluntary confession statement, Kalonga implicated former President Dr. Joyce Banda as person who instigated the scam for she wanted to use the money for 2014 General Election Campaign.

Kandoje Spends Four Nights in Custody as Bail Hearing Expected on Monday at High Court

• The case has been committed to High Court and defense Lawyer was denied bail hearing by Senior Resident Magistrate Court 

• Kandoje charged with two counts is expected to apply for bail on Monday

The Malawi's Former Accountant General David Bill Kandoje will spend four nights in police custody as his lawyer failed to convince Lilongwe Senior Resident Magistrate Court to hear the bail application after the case had already been committed to High court.  

Kandoje, who was arrested on Thursday 26th March, 205 worked as Malawi Accountant General, appeared this Friday evening before Senior Resident Magistrate Patrick Chirwa for formal charge.

Immediately the court had read out his charges and understood by the defendant, the state prosecutor Imrani Saidi prayed that the case be committed to High Court arguing that circumstances and nature of the offense would be better in jurisdiction of the constitutional court.

Successfully, Senior Resident Magistrate Chirwa accepted the application by issuing a certificate of referring the matter to High Court.

However, defense counsel Khumbo Bonzo Soko asked the court to hear bail application. But Snr Patrick Chirwa while acknowledging that it is everyone’s right to apply for a bail but was quick to mention that having committed the case to proceed in High Court puts the lower court in a tricky situation and therefore could not hear bail application until such a time when the high court will make determination in such circumstances.

In an interview, the defense said would commence with bail application on Monday at the High Court.

David Bill Kandoje has been formally charged with two counts of Abuse of Public Office contrary to section 25B (1) of Corrupt Practices Act and Theft by Person Contrary to Section 283 (1) of the Penal Code.

The first charge particulars are that “David Kandoje in or around August 2013, being a public officer named Accountant General abused his office or position status authority as public officer by signing a cheque numbered 016148 containing the sum of K244 Million and another cheque numbered 016149 containing the sum of K255 property of Malawi government to his personal advantage and for the advantage of Stanford Mpoola the registered owner of Staddal Building Contractors when said Stanford Mpoola had not through his company provided any goods or rendered any services to government.

The particulars of second charge reads, “David Kandoje being person employed in the public service namely Accountant General stored K500 million property of Malawi government and that happened under his controlling custody.”

Kandoje was arrested on Thursday 26th July by Anti-Corruption Bureau (ACB).

In a statement, the bureau said on 12th September, 2013, the Anti-Corruption Bureau received a complaint alleging that Government Officers at Capital Hill were making illegal entries in the Integrated Financial Management Information System (IFMIS). But investigations by te bureau established that Mr. David Kandoje, the then Accountant General authorised payment of two cheques amounting to MK500m payable to Staddal Building Contractors without appropriate supporting documents.

The bureau further indicated that it was likely to charge him wit; One count of abuse of public office contrary to Section 25 B (1) of the Corrupt Practices Act; One count of procuring of a person for the improper payment of public money contrary to Section 88 g (1) of the Public Finance Management Act; and One count of theft contrary to Section 178 as read with Section 21 of the Penal Code.

A Lawyer ‘Cashgate Suspect’ Yambani Mulemba On Bail

• His K5 million worth bail follows Monday arrest on cash gate related suspicions

• Asked to pay K3M bond in cash, Two surerities each to pay K1M cash bond

High Court in Lilongwe has granted bail to a Nights and Nights private practice lawyer Yambani Mulemba who was arrested on cashgate related charges

Judge, Justice Esme Chombo has granted Mulemba a bail bond of K3 million in cash and provide two sureties who should each pay a cash bond of K1 million. 

The court further ordered that his two houses, in area 12 and 43 should be attached to the bond. Mulemba has also been ordered to be reporting at Lingadzi Police station every Wednesday, surrender travel documents as well as not leave Lilongwe or go outside Malawi without informing the Officer In charge of Lingadzi Police.

Yambani Mulemba has formerly been charged with money laundering to a tune of K50 million for facilitation of procurement of house which is linked to the cashgate case involving Paul Mphwiyo wife’s and her Good Deeds Trust. He is also been accused of facilitation of procurement of some cars belonging to Mr. Paul Mphwiyo among them Toyota Fortuner and Mercedes Benz.

Anti-Corruption Bureau (ACB) Prosecutor Imran Saidi said Mulemba charges of money laundering is related to other offenses that other people are answering before various courts.

“His involvement is that he facilitated and helped some of the accomplices in money laundering. When the money was looted he had facilitated some other activities to have laundered some of the money’s” 

Mulemba was at one point brought to the court as state witness for the ongoing case of attempted murder and conspiracy to commit murder of Malawi’s former Budget Director Mr. Paul Mphiyo who survived three gunshots.

In the afternoon of Wednesday, Mulemba was taken to Lilongwe Resident Magistrate by ACB to be told the reasons of his arrest. But eventually it was told in the court that his lawyer had earlier made an application of bail at the High Court. On that basis the lower court considered that since the matter is in the constitutional court, there was no need to proceed with bail hearing at Magistrate court.

In the evening, upon hearing arguments from both sides Judge Justice Esme Chombo felt and deemed fit that Mulemba be granted bail saying it is everyone’s right.

Cashgate; Makande, Chioko On Bail

The Lilongwe Chief Resident Magistrate Court has granted bail to Hophmally Makande on Money Laundering charge.

Makande is being represented by Ralphael Kasambara and has been formerly charged with aiding laundering of K2.1 Billion stolen by Paul Mphwiyo and other suspects.

According to the charge sheet the accused "between months of April and September 2013 aided Paul Mphwiyo, Michael Mphatso, Maxwell Namata, and Leonard Kalonga to launder K2.1 billion"

Cashgate: Christopher Tukula Granted Bail

The chief resident Magistrate court in Lilongwe has granted bail to Christopher Tukula a Asset Declaration Director who was arrest by ACB.

Tukula has pleaded not guilty to all two charges that ACB has formerly charged him.

Mr. Paul Mphwiyo and his wife Thandie are still in the same court waiting on their formal charge.

Cashgate: ACB Arrests Hophmally Makande In LL

The Anti-Corruption Bureau has today, 21 October, 2014, arrested Peoples Party official, Mr. Hophmally Makande.

According to ACB statement Mr. Makande has handed himself over to the Bureau in Lilongwe after he heard that ACB officers were looking for him in Blantyre.

Mr. Makande has been arrested for a suspected charge of conspiring to defraud Government contrary to Section 35 of the Corrupt Practices Act.

This arrest ACB says is in relation to the ongoing investigation into cash gate.

According to the bureau "He will be taken to Court after the Bureau has recorded a caution statement from him."

Last week alone ACB arrested Mr. Christopher Tukula, Asset Declaration Director and the former Budget Director Mr. Paul Mphwiyo and his wife Thandie.