Kambwili objects to production of documents by witness

By Staff Reporter

ROAN PF member of parliament Chishimba Kambwili yesterday objected to the State’s application to produce documents through a witness who lamentably failed to identify the exhibits to his satisfaction.

 

Kambwili argued through his lawyers Gilbert Phiri and Christopher Mundia Jr, that witness Boston Mwakuwa who is a clerk of court at the Lusaka Magistrates’ Court, could not produce documents which he failed to identify even the basic characteristics.

Mwakuwa was in court to produce documents in a case in which Equity and Economic Party leader Chilufya Tayali has asked magistrate Nsunge Chanda to institute contempt proceedings against Kambwili for allegedly tampering with evidence at the Patents and Companies Registration Agency (PACRA) relating to Mwamona Engineering Technical Services Limited.

 

Phiri submitted that Mwakuwa failed to identify even the basic characteristic of the documents he intended to adduce as evidence.

He said the witness told the court that he did not know the contents of documents he wanted to produce.

Phiri said the only useful information Mwakuwa gave was that the documents were identified as ID three and marked P2 and that they related to Kambwili as an accused person.

He added that the witness, being a witness of facts, failed to identify the basic characteristics of the documents he intended to submit into court as evidence.

Mundia also objected, adding that Mwakuwa completely failed to identify the documents.

He said it was not enough for the witness to only state that the documents related to PACRA and two receipts attached.

Mundia submitted that the agency deals with different hundreds of forms emanating from the Companies Act chapter 388 and new Companies Act of 2017.

He submitted that PACRA also handles documents relating to the Insolvency Act of 2017, Registration of Business Names Act as well as documents relating to Intellectual property law.

The State however, urged the magistrate to allow the production of the documents because the witness had sufficiently identified.

The State said Mwakuwa laid foundation as custodian of the documents.

Magistrate Chanda said she will deliver her ruling on March 17 because she has to consult authorities on admission of such documents.