Friday, March 29, 2024

RB’s former Chief of Staff testifies against him in court

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PRESIDENT Rupiah Banda confers with Dr,Austin Sichinga during the occasion of the dissolution of the National Assembly at State House
FILE: Former PRESIDENT Rupiah Banda confers with Dr,Austin Sichinga during the occasion of the dissolution of the National Assembly at State House

Former Chief of Staff for former president Rupiah Banda has today testified in court that he edited a letter which was a request for 45 thousand barrels of crude oil and purchase of solid minerals to the president of the Federal Republic of Nigeria Umaru Musa Yaradua.

This is in the continued trial of former president Banda in the case in which he is charged with abuse of authority of office involving a Nigerian oil procurement deal.

Mr. Austin Sichinga 59 of house number 6 Ingwe road in woodlands Lusaka, has testified that during the time he was chief of staff at state house, he dealt with many letters that came from correspondence and some had to pass through his hands because the president could have been busy.

Mr. Sichinga told the court that it was during the same time that one day he was asked to see the president who he found with two people in his office.

He testified that it was at this stage that president Banda asked him to look at the draft of a letter and see if it was of state house standard and have it edited.

Mr. Sichinga told the court that the letter was addressed to the then president of Nigeria Umaru Musa Yaradua, requesting for a possible concession to supply crude oil to Zambia, while offering Nigeria option of buying some mineral from Zambia.

But when shown a copy of the purported letter by Director of Public Prosecutions Mutembo Nchito for identification, Mr Sichinga told the court that the document he was shown was just similar to the one that he had edited.

Mr. Sichinga explained to the court that the document shown to him was not original and not on standard state house special paper adding that the one he had edited was not signed by the former president Rupiah Banda.

He further testified that the letter in question had a state house date stamp and was on a special paper which was yellow in colour.

He also testified that letter that he was shown by the investigations officer was the one which had a signature of the former president Rupiah Banda.

And when asked by DPP if he had ever heard of the Osigue brothers, he answered in the affirmative and told the court that he meet them when president Banda has gone to address the United Nations meeting.

He told the court that President Banda introduced them as Nigerian businessmen who had interest to invest in Zambia.

Trial in the matter has been adjourned to tomorrow for continued trial.

104 COMMENTS

    • As a relative to Sata and brother to one of Sata’s ministers, is Austin a credible witness, honestly??? And is there defence at law for editing (working on) something that is or can facilitate a crime to be committed?

    • Bob Marley: “Man to man is so unjust…some will eat and drink with you, then behind they try to eliminate you….. And if your nights were to turn into day, alot of people would run away…” It’s called LIFE!

    • He is related to RB and family too. I think his testimony further weakens the state’s case since he hints that the letter adduced as evidence in court looks irregular. And if the original letter was not even signed by the RB then the case weakens further. This case is likely to be another embarrassing defeat to the state.

    • He is related to RB and family too. I think his testimony further weakens the state’s case since he hints that the letter adduced as evidence in court looks irregular. And if the original letter was not even signed by the RB then the case weakens further. This case is likely to be another embarrassing defeat to the state.

    • Lets wait for the defence to cross examin the witness. Yes the letter Sichone was given to edit had no signature thats why he was asked to edit it because for what it was, Draft letter. Now what happens when RB admits that the signature on the letter Nchito has is actually his? How will he explain it? @Wanu Ngwee whether Civil or Evil we need leaders of integrity, and from the look of things RB has a lot of dirt with him. As i said fili eko tuleya the case will build up, right now i believe DPP is cooking up something Prof Mvunga is not sleeping either. Naikosa

  1. This is the man who wanted to send a monkey to Sata ! ” Kanitudil “. Lelo ya kosa , this is a life lesson to all to be humble when you are at the top !

  2. Learn to read court records. This statement “Mr. Sichinga explained to the court that the document shown to him was not original and not on standard state house special paper adding that the one he had edited was not signed by the former president Rupiah Banda.” goes against the prosecution team.
    Wait for the defence to cross-examine.

    • l cant believe the nurses have let you play on the keyboard!! do you want the copy to be on the same statehouse paper?

    • Mamama…@ Al: ….and did YOU want the draft copy to be signed? Get the bloody original copy as your evidence and not the “could have, should have, would have, might have been” crap you’re producing. YOU take back that keyboard, the owners is back.

  3. This one is not realy coming out as a credible witness in this case and iam pretty sure he is going to be disected like no man’s business during cross examination!

  4. Sichinga will be in trouble when Prof Mvunga cross examines him. True his not a stong witness, DPP should work extra hard coz the defence lawyers are not small boys.

    • He will definitely be in trouble under cross examination. But what the prosecution is to create sufficient circumstantial evidence around the case. Already a witness testified that Kachingwe went incognito – this witness says he edited the letter (of course during editing a letter is not signed by the president). Thirdly he has met Osigue brothers introduced to him as Nigerian business men. Mutembo is building significant circumstantial evidence – he will pull a surprise on RB. I am sure the Muvungas have noticed that and will try to derail the testimonies to induce doubt in the judge. This is interesting to watch. Can someone do a verbatim report of the proceedings please!

    • @Cacitikanalelo definitely a verbatim report would be nice and interesting to picture how its going. Ni Boston Legal standard ili apa tata, you’ve actually opened my mind on what young Nchito is trying to do most of us bloggers are just rushing to conclude without critically analysing the case and witnesses. Definitely one has to think like a lawyer to understand whats happening here.

    • Circumstantial evidence or not, the chaps mutembo nchito are prosecuting an ex president conducting official duties. Which is unconstitutional.

  5. THIS CASE NAYIBOLA.YOU CAN””T PRODUCE A SIMILAR COPY IN THE COURT OF LAW.WHERE IS THE ORIGINAL LETTER.WHAT WILL PREVENT THE WITNESS TO SAY, THE MAN IN COURT IS NOT RB BUT SIMILAR TO RB.KEKEKEKEKEKEKEKEKEE.””ZAMBIA! ZIKO LATU LELO!

    • kekekekekeke,similar to RB ka! Ya very interesting!well, it is one issue to edit a letter but it is yet another to know whether or not the letter was sent! Maybe kachingwe will say he delivered the letter incognito but again in criminal cases,the state has to convince the court beyond reasonable doubt!Where is the evidence that the letter was actually delivered or Nchito has all of asudden become an intelligent lawyer waiting to surprise everyone?!

    • There is a high possiblity that Nchito is building a case which might take the big guns (Prof Mvunga and Co) by suprise, lets wait and see.

    • Not based on Sichinga’s evidence. Nothing incriminating was said in the testimony. It is not unusual for heads of state to right to each other. Moreover, the testimony seems to be a proposal that oil is imported and paid for by exchange of minerals rather than cash, which is not again abnormal. In social studies, we called this “barter system.”

    • kekekekekekekeke…….bloggers are funny. I do not feel any sympathy for young fattest, big bummed m. nchito. I recall a judge saying that he had forged a judgement. and he is here trying to produce photocopies-not a fair trial for AlaB

  6. Another useless witness, someone has paid him or what? We want the real truth not blah bla and bla bla………….. ataaa bane!

  7. Sichinga was asked to edit a draft copy. Under normal circumstances a draft copy is never signed. This is the reason why Sichinga is using the word “similar” because, I believe, what he was shown in court was a copy of the original letter after it was edited and signed by the originator. Hopefully more information will come out during cross examination. We will know more about the Osigue brothers and their activities.

    • Sichinga has said the copy he edited was not signed by R.B, It was signed by someone else, Sichinga is just testifying that the copy in court is a fake. Sichinga saw the final copy which was sent to Nigeria, why is the current copy bearing R.B’s signature.

  8. if banda is not going to be jailed, after finding him guilt. Whats the point of all this? Becouse i can tell you here and now that i don’t think we as zambian’s can ever punish our so called ex’presidents. If we could F.T.J could have been first. P.F government is not diffetent bcoz, we are the system. And the system is corrupt.

    • I agree. We have never convicted any high ranking public official of corruption.Its a waste of taxpayer money

    • Richard Sakala was convicted. If not for RBs influence on the FTJ case, the man would have been jailed. I understand where you are coming from though. My take is that let justice prevail. If the courts acquit him, let’s move on to other important things in the country. The problem I have is that there is too much plunder of national resources by these politicians and one day a precendence should be set by jailing the guilty party.

    • Who is honourable?Sichinga? A married man sleeping with Catherine Namungala and that honourable,Kantwishi only pa Zed.

  9. he showed him the same letter which was rejected as evidence so he showed him rubbish or the soweto photocopy which was rejected. Not a good witness just edited a similar letter which he doesnt know where it ended up of course not that matero photocopy mutembo keeps showing in court allegally

  10. ZAMBIA has been swindled from time in memory in the name of Christianity. The colonisers did it, Chiluba first declared Zambia a Christian Nation then stole IN COMES NEVERS MUMBA IN 2016 to steal as he claims to be a pastor who shall save Zambia.

  11. Very interesting PW3. This document is similar to the one……this is not a standard document………Letter writtern to President…….did you see Sipfimofimo and not the President…….I edited the letter……. RB did not sign the letter………asking for oil … asked Business men to Invest in Zambia……..Not the president…….Interesting. The paper is supposed to yellowish and not this one……..
    Surely even though i did like and i dont like anyone in this matter. Kayakaya…
    Witness should learn to serious. It is want is said in court that matters to provide to court beyond any reason doubt

    • Proves to the court beyond any reasonable doubt. We get annoyed when we see our Tax payers money go waste with these reckless witness. If we loose this case every will be caged. Ukwa should send signals.

    • Ba Lamech, please read your comments before posting. It helps readers in following the blogs if the grammar is neat.

    • Please read the article again and notice that Sichinga is indirectly calling the letter adduced in court as a fake. He also says the letter he saw while at state house was not signed by the president. In addition, paying for imports in kind has been done by various presidents including KK. Osatenga chusi musiya mulilo!

  12. Question number 1: Why was Ala Bee importing crude oil our Indeni cannot process. 2: Where was he going to take it for processing?
    Ala, Ala Bee ali mwaume sana. No wonder he suddenly transformed from a peasant farmer to a multi Billionaire in 3 years, and the wife from a kindergaten teacher to and eastate Developer in 3 yrs. yaba

    • You are right Fodya (Fwaka). Nigerian crude is heavy crude which can not be processed by our refinery. It goes to USA where they have the right refinery capabilities. Our refinery can only process co-mingled product (already processed to predetermined proportions in terms of diesel, petrol, parafin etc). We just finish the processing. So where was RB going to take vimatika from the Nigerian wells? Even Nigeria are not able to process the stuff. Remember that we can not even buy crude from our neighbours Angola. We can not process it with our current refinery configs.

  13. I like what #12 Lee says….
    LMBAO
    But hey, it OK.. The PF claims he stole and made the people believe it. So far I see nothing bad but if they fail to convict him its their own undoing. But that is not to say they should fcuk around with the judicial system and send an innocent man (which he is) to jail.

  14. The state witness, Mr. Sichinga has not done any good for the state in the above criminal trial. Everything which he testified today is in line with the defence team’s strategies. The prosecutorial authorities have a rough ride ahead.

  15. You guys are dull. He is simply confirming that a letter requesting for oil from NIgeria was drafted and that he was the editor of the letter. Also RB was the one who requested the editing Period. Next witness please. we now want the banker and kachingwe to tell us what he went to do in Nigeria

    • Hold on for a minute. May be you are the one who is dull. What factual value does sichinga `s testimony add, other than providing circumstancial evidence. Circumstancial evidence cannot be relied on to convict anyone. Point is the guy saw a draft and but did not see or do the final original letter. Besides, the lawyers will grill this guy on his marital issues….we need to establish whether he is a PW with integrity. So Sata removed these guys oath of secrecy just to sort RB. it scares the hell of the civil servants.

    • @legal counsel, please stop lying! There are plenty of people sitting in jails/prisons today who were convicted on “circumstantial evidence.” Even where you are, USA (going by the flag), there are plenty of people convicted based on circumstantial evidence. Please watch some court cases/proceedings sometimes. Broadcast TV and Cable are awash with these things for you to learn, and it is not that expensive!

      Going by your name, I sure hope you are not giving anyone some legal advice in real life. By the way, “oath of secrecy” does not apply to illegalities or criminality! Please, if you are a law student, hit the law books hard because you sound very raw. I have never studied law but one does not need a law degree to tell who is bull$h!ting!!!!

  16. You are right Fodya (Fwaka). Nigerian crude is heavy crude which can not be processed by our refinery. It goes to USA where they have the right refinery capabilities. Our refinery can only process co-mingled product (already processed to predetermined proportions in terms of diesel, petrol, parafin etc). We just finish the processing. So where was RB going to take vimatika from the Nigerian wells? Even Nigeria are not able to process the stuff. Remember that we can not even buy crude from our neighbours Angola. We can not process it with our current refinery configs.

  17. President Sata is busy using these useful *****s against RB. One thing he should not forget is that somebody else will use these same *****s against him. These are vultures ready to pounce on any opportunity that will present itself. Feel sorry for Sata.

    • ******** Dullard thinking at its best – only if Sata dips his paws in the till can he worry about that…

      PS. You feel sorry for your Ala Bee who stole from the poor!

  18. Yayaya, iliko bad kuli ba DPP. Anyway, we wait and see what next. PW3 is saying the oil was in exchange of minerals (from where). Do we have a mine owned by GRZ?

  19. We are wasting money here with this vile thieving chap Ala Bee. Someone please put the steel bracelets on him and send the shameless chap away to the new prison. We have heard enough…

    • This is not animal farm. We have the Rule of Law and it is not our fault that DPP seems to be inept. You do not just lock up people without proving them guilty.No one is interested in your mob justice ala Bwinjimfumu style.

    • Koma aMaxwell nzelu izo zilinganako na za Galu: Justice based on instincts! Unfortunately for you the rule of law works differently – with corruption cases most difficult. You have to prove “beyond any reasonable doubt” that an act of corruption was performed.

  20. Is it a crime for a president to request for people to invest in his country? If so is Sata also commiting a crime by saying he has imported Chinese to infest WP and grow rice there? I see no crime even if indeed RB sent the letter. The state has already exonerated RB by saying it was president to president communication, are they insinuating that the Nigerian President was also involved in corruption, can they produce him as a witness? What letter did Sata send the China and Angola through KK? Was that also illegal? Just thinking. Was it then abuse of office for Sata to donate fuel to Malawi without following procedure?

    • You are not thinking, you are confusing yourself; take a walk outside and come and back again and submit proper well-thought out questions. Not this nansense above…

    • Right Man>>>>>>or woman. No need to take a walk. Is satan also not an abuse of office or exhibiting a behavior that is likely to cause a breach of piece. in short is not inciting people in Southern province? Give me PF Mps to have development.
      Therefore, this calls for criminal proceedings.

    • ITALIAN, wasting time to reason with Maxwell? I would take a nap instead if I were you. He has no capacity to reason let alone be reasoned with. Your class is way too high for him.

    • Mr silent inspector, we should not mix things te chinese in WP is an invest which will benefit te locals let’s be seriously te crude oil with it impurities which our indeni can not handle was just some scam deals wit RB and te company if he guilty he will dealed wit they should not waste time and tax payer’s money we need development and job creation napapata.

    • May be the intention was to make the Nigerian head of state believe he was helping Zambia as a country. From the witnesses who have given evidence, so far one can conclude that RB had a business relation with the Nigerian businessmen. If the whole transaction was a government to government transaction, then what was the role of the said businessmen. All banks are now required by law to keep transaction records for a period of at least 5 years. What will happen when those records are produced and show that the account in Singapore was indeed opened by HB and that a sum of US $ 500 000 was transferred from Nigeria to the said bank. The same records will also show who issued instructions for the US$ 500 000.00 to be transferred to South Africa.

  21. Its in Zambia were you can find such a useless DPP.Remove immunity ….stupid case to accurse a man like ala bee.There is no case here it’s just embarrassing for the country.Indeed we have a thief a DPP.

  22. I think RB governed this country as a saint. After years of investigations these are things gvt can be doing in court. Its clear RB has no cases but people with evil intents really want to destroy him and becuase they told people there was so much corruption in RB’s gvt and they want to prove it…..but there you are in court. RB will not be questioned about that photocopy letter because it will not be accepted as an exhibit by the court.

  23. Next witness will be a chemical engineer from Indeni, to confirm if Indeni can process the crude oil from Nigeria. If the official from Indeni confirm that they can not process the crude oil, we will start asking where RB took the crude oil for processing.

  24. There are still a number of witnesses lined up to testify against RB. Kachingwe is a key witness since he was an emissary sent by Banda to Nigeria.

  25. who is interested in such issues? bamene abo ba government. people in villages and compounds are suffering. leave this RB alone because whether convicted or not , Common man will not see that money so its a useless expedition

  26. Kachingwe should have gone to see the late President of Nigeria first who was to receive the letter and hand over the letter, and the late President then should have referred him to the oil company. Where is the logic in this? Again the former President simultaneaously dealing directly with the oil company.

  27. That is only opening the shot and witness number one and page 1 from a bundle. A letter was drafted. May be there is a second draft and even a third and many other documents from the bundle. There shall more witnesses one or two from State house another two from the Ministry of Finance who approved the payment. Then there shall be copies of the financial documents (several) then statement of account of payment of into a company in Nigeria, statement of receipt of money in RBs foreign account. Then bla bla bla . Please follow the case brick by brick. Its being dull to decide on day one where the case is going. In short, sit tight and watch the movie. It is early days yet. The Nchito boys are not famous for nothing. Remember you head it first from Kantubasula

  28. Just come from Court. Sichinga was the star witness for the defense. Mutembo must be regretting calling Sichinga who says document shown to him was a fake.

  29. I’m still waiting. Has PW3 been brought in court. I want to hear how monkey thief stole our state properties

  30. Lusakatimes, you are also part of the hired gun. Your witness was cross examined, please us the updates. You tried to twist the story to find something that favors the prosecution but even then it was clear there was credibility. You and your friends the post can’t not even produce verbatims but you are embarrassing they are. Why in this earth should we be treating former heads of state like this?

  31. Lusakatimes, you are also part of the hired gun. Your witness was cross examined, please us the updates. You tried to twist the story to find something that favors the prosecution but even then it was clear there was no credibility. You and your friends the post can’t not even produce verbatims but you are embarrassing they are. Why in this earth should we be treating former heads of state like this?

  32. Zambians ukutwemwa ifyabupuba, let us debate on the ZRL issue or why father Frank Bwalya has quit the Zesco board. These are issues that are eating the moral fabric of our beloved Zambia.
    This RB issue will die a natural death, nothing will come out of it let alone benefit the ordinary Zambian woman selling vitumbuwa on the roadside with a child crying on her back in the cold morning.
    Chiluba died a free man despite whatever you say he stole. These board members are the ones stealing & it is plain to see……… I rest my case here coz i can go on & on & on mwefipubamwe, pamaaso kuipa!

  33. Austin Sichinga’s evidence destroyed the DPP’s case completely. Mutembo Nchito’s BP must be rising higher than the Tower of Babel. Nchito is now getting desperate.

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