#FuelDealsCase: Chief Resident Magistrate Patrick Chirwa has ruled that the second witness, Deputy CEO of Nocma Helen Buluma, may tender any document at any point as long as she is still testifying.
Reported by Audrey Kapalamula.
Reported by Audrey Kapalamula.
Chirwa said the objection on the matter is based on technicalities in tendering the evidence hence they must not pay much regard to such matters at the expense of justice.
He also said the witness shall go document by document in tendering the evidence.
He also said the witness shall go document by document in tendering the evidence.
Meanwhile, Buluma continues testifying before the court.
#FuelDealsCase #Update
Buluma has tendered screenshots of a conversation she had with Kambala in September and October 2020.
Defence lawyer Wapona Kita has however described the screenshots as secondary evidence.
Buluma has tendered screenshots of a conversation she had with Kambala in September and October 2020.
Defence lawyer Wapona Kita has however described the screenshots as secondary evidence.
He said bringing such documents must follow rules, which the State has failed to do.
Kita said primary evidence is the handset from which the screenshots were produced.
Kita said primary evidence is the handset from which the screenshots were produced.
Another defence lawyer Bright Theu says there is no substantial justice without following rules.
He says the State has bulldozed evidence.
He says the State has bulldozed evidence.
Chief Resident Magistrate Chirwa has since sustained the objection and said the State has failed to explain why it did not produce the primary evidence.
The State proceeded in producing a phone gadget to be used as primary evidence. The defence, however, also objected to the admission of the gadget, arguing the State continued to bulldoze evidence.
Defense lawyer Khumbo Soko said as a matter of procedure, the State should have made a disclosure of the gadget.
He said the manner in which the State is proceeding is not legal.
He said the manner in which the State is proceeding is not legal.
Kita also chipped in by saying there is need for the defence to see to what extent they are going to inspect or see evidence in the gadget.
Defence lawyer Bright Theu has asked the court to allow the State to surrender the gadget, to clear issues of trust and tampering of evidence.
However, Chief Resident Magistrate Chirwa has directed that the defence should inspect the gadget at ACB premises.
However, Chief Resident Magistrate Chirwa has directed that the defence should inspect the gadget at ACB premises.
He has further given five days for both parties to complete the process before the court reconvenes.
The court has since adjourned.
The court has since adjourned.
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