A DETECTIVE chief inspector has told the Lusaka Magistrates’ Court that he charged Kambwili with forgery and giving false information to a public officer because documents relating to Mwamona Engineering and Technical Services Limited were purported to have been signed by his son Mwamba when in fact not.
Stanley Mumbula of Lusaka Division told principal resident magistrate David Simusamba that during investigations, he proceeded to Atlas Mara Luanshya branch where he conducted a search through a warrant and discovered Mwamona had opened an account and Kambwili was a signatory.
Mumbula said he requested for the mandate file but the manager said it was with the Anti-Corruption Commission. He said he went to ACC and the file was given to him through a hand-over certificate.
The arresting officer said he checked the file and noticed that Kambwili’s name was indicated on the list of directors on a resolution of board of directors for opening an account.
“The purpose of collecting the file was to ascertain whether Kambwili was an associate with the company and in what capacity he was signing documents as there was a complaint that the company was not properly registered. We wanted to ascertain if he was a signatory to this company,” Mumbula testified.
He said he wrote a request letter to the permanent secretary under the Ministry of Youth and Sports and it was date stamped as received.
Before Mumbula could divulge the contents of the letter, Kambwili’s lawyer Keith Mweemba objected to the production and reference to the letter as it would prejudice the accused.
“Your honour, this witness says he wrote a letter, but I think I have problem with the letter, possibilities of forgery can’t be eliminated. The request for obtaining signatures is not done in this matter therefore we object. Specimen signatures were supposed to have been gotten from the accused and not in the manner this was done. The dates on the letter does not tally,” Mweemba said.
“The witness was supposed to collect handwriting samples from the accused person. This letter could be a forgery. It was received on December 1 when it was written on December 4. We object to the letter. It can’t be admitted. It prejudices the accused because it talks about handwriting samples which the accused didn’t give.”
Magistrate Simusamba sustained Mweemba’s objection.
Mumbula testified that the random samples for Kambwili’s signatures that he requested for was in a bid to ascertain whether the accused appended the signatures as he wanted to be satisfied before he could charge him.
He said he confirmed with the handwriting expert and it was discovered that Kambwili’s signature differed with that of the signatures on National Registration Cards which were used to register Mwamona Engineering and Technical Services Limited at PACRA.
Mumbula said the signatures belonged to Sampa Kambwili, Carol Kambwili and his son Mwamba.
He said the NRC which was alleged to have belonged to Mwamba Kambwili, belongs to Kambwili’s sister Sampa.
“I went ahead to charge Kambwili with forgery, giving false information to a public officer, as the no change return purported to have been signed by Mwamba Kambwili was signed by Kambwili,” Mumbula said.
During cross examination, Mumbula affirmed that PACRA was mandated to rectify mistakes when it comes to procedure.
He however, affirmed that according to a board meeting which was held by Mwamona’s directors, in the resolution Kambwili was given the power of attorney to sign documents on behalf of his son Mwamba and his wife Carol who are directors of Mwamona.
Mumbula confirmed that Kambwili was authorised to sign documents on behalf of Mwamba and that it would remain in force until Mwamba decided to terminate it.
He further denied knowing Mwamba whose signature is alleged to have been forged. Mumbula said though it was necessary to interview the person whose signature was forged, he did not interview Mwamba.
The matter comes up for continued cross examination on September 11.