Magistrates objects viewing Gulf Stream in Stardy Mwale case

By LUCY PHIRI

LUSAKA Chief Resident Magistrate Davies Chibwili has dismissed an application by the defence to view the Gulf Stream presidential jet and Sky Rack at Zambia Air Force airport and Arakan barracks in a matter former Defence Permanent Secretary, Stardy Mwale and others are charged with willful failure to comply with the law, applicable procedure or guidelines.
The matter is in relation to the failure to comply with the law, relating to the procurement of the Gulfstream G650 Presidential jet. Earlier, Mr. Milner Katolo, lawyer for Isabel Wilima Chinji, had asked the court to visit ZAF airport, Arakan barracks and Centre of Excellence in Livingstone to view the exhibits the witness mentioned in chief that the accused persons procured to appreciate the true nature of the procurement.
Mr. Charles Lungu a former director of procurement at the Ministry of Defence, a state witness testified that Chinji and other accused persons procured items using public funds and there was nothing wrong.
However, in rendering ruling, Mr. Chibwili said Mr. Lungu was incompetent to talk about the exhibits because he was not an expert but just a director of procurement.
Mr. Chibwili ruled that Mr. Lungu could not take the court to the site because he also didn’t know the items mentioned on the charge sheet.
He said the defence should use the right witness to take the court to the site who could identify the items.
“The application should be for the right witness who can identify the items. Therefore the application to visit the sites is declined,” Magistrate Chibwili ruled.
It is alleged in the first count that Mwale, Chinji, Mbewe, Sakala, Sinyangwe and Phiri between March 1, 2017 and April 4, 2017 in Lusaka, being persons concerned with management and use of public revenue, as members of the Ministerial Procurement Committee for Ministry of Defence , jointly and whilst acting together, without following tender procedure willfully failed to comply with section 52 (1) of the public Procurement Act No. 12 of 2008 as read with Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008 when they awarded contract no. NOD/MPC/024-17 for the Modernization of Defence Forces to
ELBIT Systems Limited without Bid Evaluation.
It is alleged in the last count that Mwale on the dates unknown but between March 1, 2017 and September 27, 2017 in Lusaka, being a Permanent Secretary for the Ministry of Defence whose function concern administration, management and use of public property and revenue, he fraudulently facilitated and made payments amounting US $50. 000. 000 to ELBIT Systems Limited for goods and services not supplied or rendered in full, namely, Medical Evacuation Facility on the Gulf stream G650-ER Jet and upgrading the said Jet from a single mission passenger business jet to a Multi mission Aircraft as per contract no. MOD/MPC/024- 17 between the Government of the Republic of Zambia (Ministry of Defence) and Elbit Systems Limited.
Trial continues.