By Agness Changala
A senior investigations officer at the Drug Enforcement Commission (DEC) has told court that he has no expertise to convince the court the person he heard in a recording, is for former State House spokesperson Amos Chanda.
During examination-in-chief, Boyd Munalula told court that he was sure it was Chanda’s voice because he has interacted with him and knows his voice.
But one of the defence lawyers Benjamin Mwelwa asked Munalula to tell Resident Magistrate Irene Wishimanga if he had expertise to recognize the voice.
In response Munalula said “I do not have expertise.”
The witness also informed court that he has not produced any report or letter where the Subordinates Court is complaining about a missing record.
This is in a where Chanda is accused of theft of a court record and destruction of evidence.
The case record relates to a case where Chanda was charged with corruption along with director of Intelligent Mobiliy Solutions Walid El Nahas and former Road Transport and Safety Agency (RTSA) chief executive officer Zindaba Soko.
Chanda and Soko were accused of receiving 106,000 USD and 110,000 respectively.
Earlier, Munalula said in 2019, he was investigating a matter that was reported at Money Laundering Unit where there were allegations against Walid, Zindaba and Amos.
He said after investigations, he charged the trio with money laundering.
The investigator said amount involved for Soko was $110,000 while for Amos it was $106,000.
Munalula said trial commenced under magistrate Lameck Mwale and two witnesses testified but in May 2012, the state entered a nolle prosequi in the matter.
He said in 2023, he received instructions to re-arrest in the same case and summoned all of them but only Amos and Soko turned up after which he effected an arrest on the duo.
Munalula said a few days later, he received information from Jones Siansamba a senior investigations officer at DEC who witnessed and recorded the 3 while they had a meeting at Sarova Hotel that he a recording the would be useful to him.
He said in that recording, Chanda narrated that he got a record of the court and burnt it and that it was in ashes.
Munalula said Siansamba intimidated that in the recording, Chanda said his wife had even asked him to tell Soko that the record of the Court had been destroyed.
He said in the same recording, Chanda alluded to the fact that he paid National Prosecutions Authority (NPA) $45,000 USD and he was given a receipt that he got immunity.
He said he listened to the recording by Siansamba and recognized the 3 persons that were recorded.
Munalula said he went to Magistrates’ Court with a letter to inquire on the existence of the record in which the three were charged for corrupt practices but he did not find the record at the registry.
He said he went back after two weeks, and the record was still not there to which the Subordinate Court also confirmed to him in writing.
The investigator said he was however, told that there was scanned copy at IT which was sourced and printed.
Munalula said he also went to Sarova Hotel where he was showed various points in time of interest of CCTV footage and he saw Soko coming to the hotel.
He said he also saw Chanda coming to the hotel and going in the direction Soko had earlier gone.
Munalula said his findings on the footage at Sarova confirmed to him that the three were together as Walid was a guest at the said hotel.
He said got the footage and kept it on flash which he later submitted to the court as part of evidence together with other documents.
Munalula said in the recording Chanda asked if chicken or pizza was ready and James Habasimbi from Sarova confirmed that on that day, there was order for pizza.
He said he was also given a receipt in which the pizza was ordered and other beverages which Walid paid for.
Munalula said he extended investigations to NPA, where he was given a GRZ receipt of 45,000 issued to Chanda as partial payment of 106,000 which he was supposed to pay towards a plea bargain.
Munalula said he concluded the 3 had interest on the record which was a property of the judiciary.
He said true to Chanda’s words in the recording that he had taken the
record and burnt it, the record was not found.
Munalula said based on the recording and what he heard, he made up his mind to charge him with theft of a court record and distraction of evidence.
The case has been adjourned to December 15, 2023 for continuation of trial.
Caption on the picture: Amos Chanda (in green tie) with his lawyers Tim Munalula and Benjamin Mwelwa
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