THE Lusaka magistrate’s court yesterday heard that the seal used in the contract of a Nigerian oil deal did not come from the Zambian Government.
Former MMD national secretary Richard Kachingwe, testifying as a witness in a matter in which former President Rupiah Banda is facing a charge of abuse of authority of office relating to the crude oil deal, said the seal used to cement the contract was manufactured in Nigeria.
Testifying in cross-examination before Chief Resident Magistrate Joshua Banda, Major Kachingwe said the seal used at the time the contract was being signed was manufactured by the Nigerian National Petroleum Company (NNPC).
He claimed that he had consulted the the former President and not the Attorney-General before signing the contract and over the seal because he had delegated powers.
“The seal on behalf of the Republic of Zambia was made in Nigeria. At the time of signing, I consulted Mr Banda and not the Attorney-General then because there was no need to do so as I was given delegated powers,” he said.
Maj Kachingwe, who was appointed as a special envoy by President Banda to ensure that the deal was well, kept on changing statements on the seal as he at one point said the original seal was still being kept by security wings within Nigeria.
This is in a matter in which fourth Zambian Republican President,Rupiah Banda, is charged with abuse of authority of office relating to the crude oil deal amounting to US$2.5 million which the State said did not benefit Zambians.The former President has denied the charge.
Major Kachingwe told the court that he gave the remittance transaction by Sarb Energy Limited director Akpan Ekebene where $550, 000 was sent to Singapore from Access Bank in Abuja, Nigeria, to Barclays Bank in Singapore as instructed by Henry Banda, son of the accused person.
Major Kachingwe was taken to task as to who gave the investigators the said e-mails involving the remittance transactions because he had deleted the messages from his inbox due to its sensitivity and further that his e-mail was subjected to heavy scrutiny by the joint investigations team to an extent where he could not use his laptops any more.
When asked to confirm whether he had engaged one of the Sarb Energy Limited directors, William Ngwira to acquire some of the shares on his behalf, he responded that he was not aware.
Earlier, Director of Prosecutions (DPP) Mutembo Nchito advised the defence not to attack the witness’s character and defend the accused by bringing in old issues, saying going by that route, he would also be forced to do so against the accused person.The defence had asked the witness why he sneaked in a passport of a Burundian woman on a party trip to Sweden where he was sent to solicit for party funds, an indication suggesting that he was used to participate in fraudulent activities.
“It’s better to stick to issues relating to the case at hand than bringing in old issues that seem to attack the character of the witness and defend the accused.
“Be mindful of the witness’s skills because he can also do the same to attack the accused, if that is what they want then let it be. The best is for the defence to protect the good shield of the accused,” Mr Nchito said.
And Major Kachingwe was asked to apologise to the defence team for accusing them of producing documents which he did not know, saying they were making him wonder whether they were authenticated or not.
Magistrate Banda, who had a tough time reminding both parties as well as the witness to stick to court rules, adjourned the matter to today for continued cross-examination.
[Times of Zambia]
Am now begining to doubt this Kachingwe guy.You can not have tough time to say the truth.You only have tough time to rember the previous lie.I think this man lacks integrity.
Unfortunately lies NEVER stand the test. They appear robust BEFORE they are put to the test, but once tested, alas it is disgrace all the way!!!
True, liars are never consistent.
@Ba Goncalves, today you turn against your friend Kachingwe, all along you didn’t know that he is not a wise man? He can’t even qualify to be a village headman, Sata is much better.
@Nostradamus, Kachingwe is my friend now, since when? I have never had no interest in this person or his associates!
The truth shall prevail…………
The state does not prepare well their cases this will be another embaracing episode. Kabimba must not be emotion when dealing with national matters. This calls for rational minds. They are working like amatures at law.
Aweh kwena naikosa iyi ilyashi.. Sivintu nafuti
The state witness has discredited himself and the star state witness is puncturing the state evidence. Major Kachingwe is a poor state witness and advoc. Nchito’s case is about to go through the window. The witness is not aware that his evidence in chief is not the same as his answers under cross-examination from the defence team. Advoc. Nchito must stop threating the criminal defence attorneys. It is the onus of the defence lawyers to dicredit a state witness and show the presiding magistrate that a state witness called by the state attorneys is unreliable and is prone to falsehoods by bring up his past untrustworth conducts.
what is Major Kachingwe doing is wat we expect of a patriotic ZAMBIAN
… by that you mean a snitch who thows stone in his own house?
All so he can be a start for 90 days?
#Bufi
It is clear that the main state witness is manufacturing evidence in the sense that no one can substantiant his evidence he has so far tendered before the presiding magistrate. He has explicitly testified that he cannot recall his Nigerian couterparts where the supposedly main exhibit (the alleged state evidence) was manufactured. As a way forward, I would safely put it that he also put it before the presiding officer that he has no evidence left on his laptop because his emails were heavily monitored by the investigation teams. This is laughable on the part of the defence team and the magistrate, and it is annoying and frustrating on the part of the prosecuting fraternity. The state witness is poking the eyes of Nchito and his team.
The prosecutors are attempting to fish sharks without
Yangwe ! Mukose yama kanshi pantu mwalasebana ngatamuchenjele.
Presido sata says,solve the problem.
1-2/3 of his cabinet ministers are mentally challenged?
2-came to power because of the media,post who he has to pay back.
3-my financing powerhouses,mmembe & nchitos.
4-savior chungu,mwamba who used to leak info to me.
5-the media which has turned against me.
its the defence who are dull-just because you delete an email does not mean it is deleted it can always be retieved.Whatever you post on the net is there forever
Hey, read properly in-between the lines. Your so-called state witness is busy messing himself in his pants right now as we type and post these emails. It is the onus of the witness to testify in the witness box everything he knows including his messages in his laptop and it is not the responsibility of the defence team to read what is/was written in the witness’s laptop. In the event a witness consistently maintains that no data was which is not in the interest of the state was left in the laptop or damaging information and on the contrary such does exist, then the defence team can retrieve the said data and read it in a court of law. As of now the prosecutors are not well prepared and the defence team is demostrating excellent lawyering skills and turning the state’s case on its head.
In furtherance to the above, your poor state witness alleges that he was instructed by Mr Banda’s son, Henry to transfer a sum of $500,000 to an account in Singapore from a Nigerian Bank Account. Hey, anyone can concoct such slanders and besides, he also mentioned that discussions about that particular transaction involved two individuals, that is himself and Henry. It is his word against Henry’s word, and under any law, this is hotly contested evidence which cannot stand in a court of law. This particular witness must be charged with fraud in that he defrauded the Zambian government when he illegally transfered the mentioned amount of money on the day in question. He admitted to committing the crime of fraud. He has also perjured himself in his testmonies.
Everything mentioned by your “star” witness is sort of evidence said by a single witness who is constantly changing his statements. He alleges that he was granted special powers only/merely by the then state president (Banda) and no one was present during those special arrangements. Please, what a pack of laughable lies under any law because the accussed can simply argue that he/she is not associated with such dishonest acts. Secondly, he accuses the Negarian security wings of keeping such evidence, which is also another attempt to mislead the court. Why has the prosecutors not collected such valuable evidence from their Nigerian counterparts?Moreover, they (prosecutors) had ample time to thoroughly prepare for their case before the trial dates. Why has the prosecutors not called any?
BWANA NCHITO, WHY NOT MAKE IT SIMPLE?
1. WAS AN ACCOUNT EVER OPENED IN SINGAPORE?
2. BY WHO?
3. IN WHOSE NAME?
4. DID IT EVER HOLD THAT SUM OF MONEY?
5. BANK STATEMENT TRACER-WHO DEPOSITED INTO AND WITHDREW FROM THAT ACCOUNT?
AND THE STATE SHOULD REST THE CASE.
WHY SO MANY WITNESSES?
TOO MANY COOKS SPOIL THE BROTH!……
I agree with you. If money was transferred from Nigeria with the new anti money laundering laws, both the bank in Nigeria and Singapore are required to keep records of the transactions for at least 5 years from the time the transaction was done.
Nchito is not the brightest crayon in the box. Honestly is this guy a lawyer? How can he complain about the defence team planting a seed of doubt in the magistrates mind that the witness in the box lacks credibility because of A, B, and C? That is what defence attorneys do. The best way to defend your client is to attack the credibility of the accuser.
In addition to what has been written/said above, undeniably so, in the event that indeed the said amount of money was withdrawn electronically and transferred to a Singapore Barclays Bank account by the accused under strict instructions from Henry as he alleges. This is not enough evidence to convict Mr Banda or his son, Henry, in that it merely proves that the state witness willingly and wittingly defrauded the state by engaging in the above act. The mere existence of the two accounts and transfer of the amount in question does not place the accused and his son near the alleged crime. In fact the magistrate must charge the state witness with fraud and perjury in terms of the existing sections of the Criminal Penal Code of Zambia or the Criminal Procedure Act (CPA).
Boom & Whatever thanks for breaking it down for us lay people to understand.(Law 110) Its a breath of fresh air to read insightful comments.
BOOM & WHATEVER with your so called name very poor analysis you made, in the first place $550,000 to too much a money to go unnoticed, whether witness got verb or written instructions. He did not act in isolation as he was merely executing his duties.
MKV, whatever your abbreviated name stands for? It has no relevance to the matter before court or any remote significance to the matter thereof. In returning to the argument of the alleged size of the amount of money in the on-going case, the amount of money is not correlated to the seniority of the person or the number of persons in the alleged fraudulent transactions as it is presently argued in the court which is trying this case. The pertinate question/matter here is, was the state witness able to access resources which enabled him to committ fraud? In his own admission he openly admitted that he had access, but made extensions to that effect that, firstly, he was secretly and individually given powers at one stage by the accussed in isolation. Secondly, …
MKV#13.2
In furtherance to the above, as I was saying, secondly your poor state witness also made mention that whilst alone with Henry Banda, the latter instructed him (the former) to transfer the amount of $500,000 to a Singaporian Bank account. If you at least possessed university education above undergraduate qualification, you would recall that you have to weigh facts before you and think out of the box. This is the normal route utilized in sieving through lies and facts. Both the accussed and his son, Henry have never admitted to the above accusations. Under criminal laws the state has no winnable case and justice can only be dispensed if the state witness can be charged and be granted a fair opportunity to inform us why he stole the money for Zambian citizens. He must not play a vic
The defence attorneys can also raise an argument in their defence strategy that the so-called ‘star’ state witness was not properly coached by his handlers, the prosecutors, in concocting these piles of lies before court. Furthermore, they can also make mention that whilst he, the state witness, acting alone noticed the severity of his criminals commissions and as a result of afterthoughts he saw it fittingly to implicate influential persons. This scientific and legal analysis fits corrupt modus operandi of desperate criminals and state prosecutors driven by political agenders such as Adov. Nchito. You cannot force an accused to testify in a case against him/her, unless if his/her defence team is inexperienced. This case is highly porous as meaning that it is not water tight.
MMMMMMMMMMMMMMMMM, ba BOOM epo mwaba, awe we missed you, now we get it, that guy who was chasing after our hottest gal on LT by the name of Mushota happens to be a Lawyer, i think Mushota is now conteplating on kicking Nick outta the door, you must be the reason!
Major Kachingwe does not recall what really
happened because he is used to providing
misleading statements which was typical
of his MMD party in Government.
From the outset the accused pleaded not guilty to the alleged crime and it is the duty of the state to prove that the crime was committed by the accused. And, the arguments in this case are indicative that the state is proving that their own “star” witness committed fraud and perjury. This emerging development compells the defence team to call for an early acquittal and to request the presiding officer to redraw the charge sheet and charge this self-confessed liar with correct charges. A failure to collaborate testimonies and frequent changes in statements coupled with past associations with falsehoods are not good for both the state and its “star” witness. This is evidently acknowledged by any analyst of sound observations in line with unbiased legal approaches and well researched…
Ati nazo kani….
Agony is going to court thinking Ukwa will reward you… then being charged for fraud you committed based on your on account of events..
I pity this F.O.O.L
If i recall my days in Zambia, if you were a major in ZNS at Kachinga age, then you must have gone to ZNS after failing grade 7
this is the most dull bemba chap i have come across can only be compared to liato
90 days later …
#Bufi
I think it’s safe to say Boom and Whatever is a lawyer
A LESSON FOR ALL, WHEN YOU DO A DEAL WITH SOMEONE MAKE SURE YOU ARE NOT STINGY BECAUSE THE VERY PERSON YOU DO A DEAL WITH CAN TURN OUT TO BE A WITNESS AGAINST YOU. AND YOU KNOW WAHT, YOU MAY NOT REALISE HOW MUCH THEY KNOW ABOUT YOU AND WHAT DOCUMENTS THEY HAVE. THIS ALSO GOES FOR HUSBANDS AND WIVES. – I AM SPEAKING TO SOMEONE HERE.
some of you bloggers have never stood in court. It is the duty of lawyers to punch holes . The question still stands. Was money stolen from the zambian government and who benefited. Let the court establish.
Major is simply implicating himself, too bad what ever he said is under oath, recorded and can be used against him , he is too dull , loop holes like this gives defense a lot of
Ammunitions , they absolutely destroyed his credibility and exposed him
@boom UBUFI!
I WONDER WHERE HIS ANALYSIS IS COMING FROM.
FACT; HENRY INSTRUCTED THE NIGERIANS TO TRANSFER THE BANDAS SHARE TO AN ACCOUNT. not Kachingwe as alleged by you fake Lawyer!
FACT; BANDA LATER INSTRUCTED KACHINGWE TO FOLLOW-UP ON THE PAYMENT. KACHINGWE DID AND THEY SENT AN EMAIL WITH DETAILS OF THE TRANSFER OF 500000 DOLLARS. THIS HAS NOT BEEN REBUTTED BY THE DEFENCE LAWYERS. INSTEAD THEY WANT TO ATTACK HIS CHARACTER HENCE NCHITOS WARNING. DID THE DEFENCE DEFEND THEMSELVES? NO!
AS AN ENGINEER I DESIGN AND PUT DETAIL TO EVERYTHING. FAKE LAWYERS CANNOT CHEAT ME OR SWAY THE BLOGGERS WHO DO NOT HAVE TIME FOR DETAILS!
IGNORANT BOOM (OR IS IT DOOM)
deleted email can be retrieved.
…..that’s the way to go Major! Help your old friend RB by pretending to be helping Satan…that way you win favours from Satan’s govt….and you help RB win the case too!
Yes deleted emails can be retreived, if you wish them to be retrieved. And it can be ascertained, that money amounting to the alleged amount was transferred to an account, into the account of an individual, namely Henry Banda. Next to be ascertained, is who was the transferor, and who was the account holder? If transferor was K, and the account holder was HB, then this element of fact is established. Unless, HB, denies that these monies were not meant for him nor his father, but for some other recipient. In that case, he is liable to be charged with being an accomplice, aiding and abetting. Or would he wish to argue that he did not provide K with his account details at all? If not, then who provided K with HB’s account details? All indicators show that Zambia was defrauded.
20-0 RB RB RB GO GO
my very humble understanding of criminial law is that any witness called upon to provide testimony must be beyond reproach or must be above board. Do you know why the IMF Chief Khan Strauss charges were dropped? Why waist our time? RB has no case to answer. The integrity, character and personality of thre star witness must be questioned to be the basis for judgement in criminal matters becuase you may convict an innocent person.