Drama characterised the beginning of cross examination in the case in which NDC leader Chishimba Kambwili is charged with one count each of forgery, uttering a false document and giving false information to a public officer at the Lusaka Subordinate Court this morning.
When the matter commenced this morning, the arresting officer Stanley Mumbula testified in cross examination that he actually did not know Mwamba Kambwili the alleged victim of the forgery who is also the son of Chishimba Kambwili a statement which led the fully packed Court room to burst into laughter.
He also testified that as Kambwili had a Power of Attorney to execute all documents on behalf of his son following the board resolution passed my Mwamona Engineering and Technical Services Limited where he acts as Board Chairman, no forgery could have taken place. The matter has since been adjourned to the 11th of September 2019 for continued cross examination.
Kambwili is represented by Lusaka Lawyers Keith Mweemba, Gilbert Phiri and Christopher Mundia
Below is a verbatim of the cross examination as led by Keith Mweemba.
Keith Mweemba: witness what is the name of the registrar who was handed with form 71
Witness: Anthony Bwembya
Keith Mweemba: Anthony Bwembya was in this court and refused to have been handed the form 71 by Hon. Kambwili?
Witness; He told me so when I interviewed him.
Keith Mweemba: what carries more weight, what Anthony Bwembya told the court or what he told you outside Court?
Keith Mweemba: What Mr Bwembya told you outside court was not on oath?
Keith Mweemba: so which statement is binding the one given in court or outside?
Witness: One before court is binding
Keith Mweemba: you don’t even know the nature of documents the driver Anthony Sampa took to Pacra?
Witness: I know the documents
Keith Mweemba: Did you see the documents?
Witness: No I didn’t see them
Keith Mweemba: witness Anthony Sampa came to this court and said that he did not know the nature of documents he delivered to Pacra, so even you, you can’t tell the nature of documents?
Witness: Yes I cant tell
Keith Mweemba: Hon Kambwili never took documents in person to give the registrar at Pacra?
Witness: Yes your honor
Media: Witness is now *shaking*
Keith Mweemba: look at this indictment in count two, there is no name there it only talks about registrar?
Witness: yes your honor
Keith Mweemba: count two talks about Pacra, again the witness Mr Bwembya was before court and agreed that he did not receive any false information from Dr Chishimba Kambwili
Keith Mweemba: when did Mr Bwembya become registrar?
Witness: I don’t know
Keith Mweemba: so you don’t know when he became registrar so you did not investigate?
Witness: no I don’t know
Keith Mweemba: count one, a person has a right to act for another through a power of attorney do you agree?
Witness: yes your honor
Keith Mweemba: and in this case if anyone has power of attorney he can sign form 71 on behalf of anyone?
Keith Mweemba: are you aware that Dr Chishimba Kambwili did not register Mwamona but it was done by two other people?
Witness: I don’t know
Keith Mweemba: you didn’t investigate
Keith Mweemba: the testimony Sampa gave in court is that Carole Kambwili and a Nyasulu registered Mwamona, so this shows Hon Dr Chishimba Kambwili did not get involved in registering Mwamona?
Witness: yes you are telling me
Keith Mweemba: Pacra has been making regulations in most company documents
Keith Mweemba: witness pw6 said Carole Chansa registered the company with the help of a Mr. Nyasulu
Keith Mweemba: Look at those minutes, when were those minutes filled at Pacra?
Witness: in October 2013
Keith Mweemba: who was in attendance?
Witness: Dr Chishimba Kambwili as chairman, Carole Kambwili and Mwamba Kambwili
Witness: reading Mwamona’s minutes in court …………Resolution said power of attorney be given to Dr Chishimba Kambwili
Keith Mweemba: a company being a person at Law has the right to pass those resolutions?
Keith Mweemba: Your Honour I am giving the witness another document, what are you looking at witness?
Witness: it’s a power of attorney from Mwamba Chishimba Kambwili to Hon Dr Chishimba Kambwili
Keith Mweemba: read the contents
Witness: reads contents of the power of attorney
Keith Mweemba: there was a resolution passed by Mwamona and one of the resolutions stated that Dr Chishimba Kambwili be granted power of attorney
Keith Mweemba: with the power of attorney, Honourable Dr Chishimba Kambwili has given powers to sign on behalf of Mwamona?
Keith Mweemba: with power of attorney Dr Chishimba Kambwili had a right to sign on no change form 71 at pacra?
Keith Mweemba: if Hon Dr Chishimba Kambwili had power of attorney meaning him signing on form 71 is not forgery right?
Keith Mweemba: Was Mwamba Kambwili part of the interview?
Witness: Your honor I don’t know who Mwamba is
*Court room bursts out laughing*
Keith Mweemba: for you not to know him. He never even complained to you that his signature was forged?
Witness: yes he never complained
Keith Mweemba: did you interview Mwamba?
Witness: No I did not interview him
Keith Mweemba: as a seasoned investigator you agree with me that it was necessary to investigate this issue further even by interviewing Mwamba?
Witness: Yes it was necessary
*Magistrate calls State Prosecutor and Defence Team in court for a private discussion*
Keith Mweemba: most obliged your honor
Magistrate: matter has been adjourned to 11th September 2019 for trial continuation