By Esther Chisola
A state witness has told the Economic and Financial Crimes Court (EFCC) that he cannot remember most of the things that happened on the day he was recording the warn and caution statements from former Ministry of Defence permanent secretary Stardy Mwale and his two co-accused persons.
Ferguson Kombe, a senior registration officer at the Anti-Corruption Commission (ACC) was testifying in a matter in which Mwale is jointly charged with businessman Clever Mpoha and Eagle Trading International Limited for corrupt practices involving K8.5 million, charges they all denied.
When the matter came up for continued cross examination in a trial with a trial before magistrate Silvia Munyinya, Kombe said he had forgotten some of the things that happened in the interrogation room when the accused persons were being interviewed.
Mwale’s defence lawyer Milner Katolo asked the witness if he remembered when an ACC officer told Mpoha to cooperate or he would be charged together with his client, the witness responded in the negative.
Kombe was also asked if it was possible that he could not remember some of the things that happened at a time he was recording the warn and caution statement and he said he would.
The witness also told the court that he did not force Mwale into responding to questions during his interrogations at the ACC.
Asked if he disregarded Mwale’s rights when he continued to ask him questions that he did not respond to, he responded in the negative.
Asked if it was not forcing when he asked Mwale questions on the same issue, the witness responded in the negative.
Kombe also told the court that he continued asking more questions to Mwale and his co-accused Mpoha and Eagle Trading International because the judge’s rule permitted him to do so.
“The judges rule gives me power to ask questions even when someone has asked to remain silent,” he said.
Asked as a seaaoned journalist where he got powers to ask questions when someone had opted to remain silent, Kombe reiterated that the judges rule permitted him to do so.
Trial continues.
