Zambia

Çourt rejects Findlay’s application to have DEC boss Chirwa testify in his money laundering cases

Çourt Rejects Findlay’s Application To Have Dec Boss Chirwa Testify In His Money Laundering Cases

Çourt rejects Findlay’s application to have DEC boss Chirwa testify in his money laundering cases

Çourt Rejects Findlay’s Application To Have Dec Boss Chirwa Testify In His Money Laundering Cases
President Edgar Lungu enjoys a light moment with Valden Findlay at State House

Çourt rejects Findlay’s application to have DEC boss Chirwa testify in his money laundering cases

By Mwaka Ndawa

HIGH Court judge Susan Wanjelani has dismissed an application by Lusaka businessman Valden Findlay and his fellow complainants to cross examine DEC director general Mary Chirwa on her affidavit in support of an application to set aside subpoenas against her.

She says there is no basis warranting her to compel Chirwa to aide the plaintiffs’ case.
The court subpoenaed the Drug Enforcement Commission (DEC) boss to testify in a matter where Findlay, his wife Dessislava and his four companies have petitioned the State for seizing their accounts on the pretext that he was a crook, committed fraud among various financial crimes.

Findlay, his wife’s lawfirm and businesses want Chirwa to produce Anti-Money Laundering Unit investigation report on the payments received by one of his companies from the Ministry of Finance, among other documents.
According to summons for an order to set aside subpoena duces tecum and ad testificandum the office of the Attorney General has opposed the subpoena on reasons that its agent cannot testify in favour of ‘culprits’.

“The subpoena is mala fide, abusive and oppressive as it seeks the Drug Enforcement Commission director general, an investigative agent of the State, to prematurely and prejudicially reveal information and testamentary intentions in relation to ongoing criminal investigations against the petitioners,” the State said. “The Anti-Money Laundering Unit investigations report sought to be produced is protected by the public interest immunity to obviate jeopardising ongoing criminal investigations.”

The petitioners requested that the DEC boss be cross-examined to authenticate her affidavit in support of the application to set aside the subpoenas on reasons that the documents they want her to produce are protected from public disclosure.
However, judge Wanjelani has thrown out the apllicants’ request to cross-examin Chirwa.
“There is no good and convincing reason to exercise my discretion to allow the cross-examination of Mary Chirwa. This application is dismissed,” ruled judge Wanjelani.
She ordered that the application to set aside the subpoena will be heard on May 27.

Source – Zambianobserver.com

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