State objects to having DEC boss testify for Findlay, his associates
THE State says the documents that Lusaka businessman Harry Valden Findlay and his co- plaintiffs want DEC director general Mary Chirwa to produce before the High Court are shielded from disclosure to the public.
It says Chirwa cannot testify in the plaintiffs’ case tomorrow, as they are trying to sabotage the ongoing investigations against them in relation to the K386 million that was erroneously paid to one of the business accounts by the Ministry of Finance.
On April 11 this year, the Lusaka High Court subpoenaed the Drug Enforcement Commission (DEC) boss to testify in a matter where Findlay, his wife Dessislava and his four companies have petitioned the State for seizing their accounts on the pretext that Findlay was a crook and committed fraud, among various financial crimes.
Findlay, his wife’s law firm and businesses want Chirwa to produce an Anti-Money Laundering Unit Investigation report on the payments received by one of his companies from the Ministry of Finance, among other documents.
Judge Susan Wanjelani granted the plaintiffs leave to issue a writ of subpoena ad testificandum and duces tecum to Chirwa.
A subpoena ad testificandum is a writ ordering a person to attend a court, and duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a court proceeding.
Chirwa is tomorrow, April 22, expected to appear before judge Wanjelani at 10:30 hours to aid Findlay’s case by giving evidence and producing relevant documents.
“You are commanded in the President’s name to attend before the High Court for Zambia at Lusaka before judge S.M. Wanjelani on 22nd April, 2022 at 10:30 in the fore noon and so from day to day until the above cause is tried, to give evidence on behalf of the Petitioners and also bring with you and produce at the time and place aforesaid the following documents:
1. Anti-Money Laundering Unit Investigation Report on the payments received by D. Findlay and Associates from Ministry of Finance.
2. Joint Task Force investigation team report on the payments received from Ministry of Finance to D. Findlay and Associates; and
3. Such other documents that are relevant to the Investigations on the payments received by D. Findlay and Associates from Ministry of Finance,” read the summons.
According to summons for an order to set aside subpoena duces tecum and ad testificandum, the office of the Attorney General has opposed the subpoena on reasons that its agent cannot testify in favour of ‘culprits’.
“The subpoena is mala fide, abusive and oppressive as it seeks the Drug Enforcement Commission director general, an investigative agent of the State, to prematurely and prejudicially reveal information and testamentary intentions in relation to ongoing criminal investigations against the petitioners,” the State said. “The anti-money laundering unit investigations report sought to be produced are protected by the public interest immunity to obviate jeopardising ongoing criminal investigations.”
The State added that the subpoena was inept as there was no such body as the joint task force investigations team under the Zambian laws.