Lusaka business executive Mathew Mohan was yesterday convicted of corruption charges in absentia as he again refused to appear before court.
Mohan, in his letter to the court insisted that a Supreme Court Judge and an officer from the Directorate of Subordinate Courts Operations are corrupt.
Mohan also challenged the court to cite him for contempt if it found his reason of not going to court unreasonable and disrespectful so that the fora could afford him an opportunity to spill more beans against the duo.
But the Lusaka magistrate’s court went ahead to pass judgment and convicted him of the charges in his absence.
And Mohan‘s lawyer Kennedy Kaunda from Ellis and Company and Zambia Prisons Assistant Commissioner Chris Kaonga told deputy High Court Registrar Chilombo Phiri who sat as a magistrate that there was nothing they could have done with Mohan’s refusal to attend court because they could not act contrary to his instructions and that it was the duty of the police to bring Mohan to court.
But State prosecutor James Mataliro accused Mohan’s lawyers of endorsing their client’s illegality arguing that the best they could have done was to withdraw from representing him.
Mohan is in this matter jointly charged with Mary Gibbons and court interpreter Maxwell Jiki of corruption involving K10 million (KR10, 000).
Mohan was not the only accused person absent before court as his other co-accused Jiki was equally absent but sent word through his sister who is not a surety to inform the court that he was unwell.
Ms Phiri has since issued a bench warrant against Jiki returnable today while she had on the other hand, ordered that Mohan be brought before court to hear the final verdict of his judgment.
She has, however, threatened to go ahead and pass sentencing even in an event that Mohan sticks to his refusal.
When the matter was called up yesterday, Mr Mataliro informed the court that the matter was scheduled for judgment but only Gibbons was present.
Mr Mataliro said after the court had issued a bench warrant to have Mohan brought before court yesterday, attempts were made as far as going to prison twice but Mohan refused to come along.
He said he was informed by prison offices at Lusaka Central Prison that Mohan had instead sent a letter to the court explaining his reasons for refusal.
According to the letter dated February 14, this year, addressed to Ms Phiri and made available to the media under the headline “My decision not to appear before your court” Mohan said he was refusing to appear before court because corrupt and rotten elements facing criminal charges were still working within the judiciary.
“Your honour I may be in prison but I am fully aware of what is going on in the areas of my concern. I am sitted on a mountain of information about some two officers of the court and I know their tactics and dealings,” said Mohan who is also a murder suspect awaiting judgment.
He continued “it is with deep regret that I have decided not to appear before your court. Your honour I have been a businessman for over 10 years and I know how I and several businessmen have dealt with the two senior officers of the judiciary.”
Mohan said he knew how much it costs to get an order or decision in one’s favour He insisted in the letter that he was on firm ground not to appear before court for as long as the corrupt elements who considered themselves powerful continued to walk and work within the judiciary.
Magistrate Phiri had in convicting Gibbons, Mohan and Jiki stated that there was collaborating evidence that the trio committed the offences.
She said it was not ACC who sent the accused to commit the offence and as such the commission’s conduct in placing surveillance at Long acres where money exchanged hands was appropriate.
Ms Phiri is today expected to sentence the trio after they give their mitigation.
These chaps have respect for the courts of law, cage them they are abusing their right of being innocent till proven guilty
what a country, or what has become of our beloved mother land?? I mean, a criminal can refuse to attend court, or is there something i m missing here? The ‘powers that be’ protecting their own, may b? Or is this like in the other case where the accused asked to have his trial conducted by a ‘judge’ of their choice?
Foolishness. Court dates are known in advance and the the prisoners are supposed to be prepared in good time for their appearance unless the state is unable to bring the suspect to court due to unforeseen circumstances. In this case the suspect is in the hands of the state, which means they are responsible for is actions. Wardens are the keys holders, cuffs and have the resources to transport suspects. shameless indeed.
A criminal is a criminal wherever he may be.
Mohan’s backed by Mmembee and Nchito, To squeeze the three judges.
Useless and baseless excuses.Why is it that everytime you mention those two names.Banakudyela nyama bwanji?Mohan wake up and be sober,you are wasting your time.Tell your sponsors enough is enough.Spend time defending yoursel and not talking about pipo who cannot defend themselves.
Mohan’s refusal to attend court is unacceptable! The chap is in state’s custody and the police in this case are responsible to take the court before court! The magistrate should in fact have castigated the officers.
On the other hand,the court must pat attention to what Mohan is saying…there is too much corruption in the judiciary,it’s pathetic.99% of prisoners today are poor people while criminals walk freely,nauseating indeed!
Just lock him up for contempt of court
IMWE UMWINA ZED, HOW CAN YOU SAY LOCK HIM UP WHEN THIS FELLOW MOHAN IS ALREADY IN PRISON FOR THE LAST 3 YEARS SINCE SAJID ITOWALA WAS MURDERED ON 21ST JULY 20O9.HOW DU YOU LOCKED UP PRISONER WHEN HE IS ALREADY IN CHIMBOKAILA .FUNNY COMMENT.