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ACC prosecutors impersonating – Stardy Mwale 

By LUCY PHIRI

The State prosecutors who are prosecuting the matter of former Ministry of Defence Permanent Secretary Stardy Mwale and Lusaka businessman Clever Mpoha’s matter are not qualified to handle the case as they are not appointed by Director of Public Prosecutions office (DPP), defense Lawyer Milner Katolo has told the court.

Mr. Katolo in his application said the officers from the Anti-Corruption Commission (ACC) were not appointed by the office of the DPP and are practicing illegally.

The defense further submitted that the officers were imposters because every prosecutor was defined by section 2 of the Criminal Procedure Code (CPC) which stipulates that the prosecutors should be appointed pursuant to section 86 of the (CPC).

“These people from ACC are not gazetted as prosecutors. When you read section 10 of the National prosecution authority (NPA) Act, it also defines a prosecutor as one appointed by the DPP according to section 86 of CPC and dully gazetted,” he said.

The defense also urged that they wanted the ACC officers to produce the gazette appointment for if they did not, they should be considered as impersonating public prosecutors. 

Responding to the defense’s application, State said they would respond to the application inform of writing, that they will file the response and present to the court.

In count one, it is alleged that Mwale between March 1, 2017, and October 31, 2018, in Lusaka, whilst acting together with other persons unknown, being a Permanent Secretary for the Ministry of Defence, corruptly received cash gratification of $200, 000 from Eagle Trading International Limited as a reward for facilitating the payment of management fees to Africa Security Academy emanating from a contract for the supply of uniforms to the Ministry of Defence.

In the second count, it is alleged that Mpoha and Eagle Trading International Limited between the same period, in Lusaka, jointly and whilst acting together with other persons unknown, corruptly gave $200, 000 cash gratification to Stardy Mwale as a reward for facilitating the payment of arrangement fees to Africa Security Academy.

The court has set March 10 for ruling.

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