Senior Magistrate Nyimba chides ACB of submitting hearsay and irrelevant information in Viola’s case of abuse of office

Viola denies any wrong doing

* State witness statements did not indicate seeing Viola writing a local purchase order (LPO)

* The said LPO could not be used to procure the huge amount of maize as alleged

* The said LPO is still without a scratch and nobody benefited from the purported transaction

Maravi Express

Senior Magistrate Viva Nyimba has chided lawyers representing the Anti-Corruption Bureau (ACB) for submitting hearsay and irrelevant information in the case in which former National Food Reserve Agency (NFRA) deputy chief executive officer (CEO) Gerald Viola is accused of abuse of office, forgery and conspiracy together with Chrispin Chingola of Missies Trading.

Nyimba has since pushed the case to April 26, 2022 while asking the ACB to provide relevant information to Viola’s and Chingola’s lawyers to make their submissions in their defense against allegations laid down by the ACB.

Nyimba said in court that the ACB made his job difficult to come up with a summary of all what the state lawyers presented thus calling it  “just hearsay and irrelevant submissions” — which lawyer Bernard Phiri acknowledged and promised to improve in next hearing.

Both lawyers for Viola and Chingola were not present in court on Monday, March 28 but and in his determination, Nyimba noted that ACB presented allegations that need defence — and as such either Viola and Chingola or their lawyers should be ready to defend what ACB has brought before the court.

The Senior Magistrate noted that the state witness statements did not indicate seeing Viola writing a local purchase order (LPO) and that the said LPO could not be used to procure maize as alleged.

According to facts presented in court, the said LPO is still without a scratch and nobody benefited from the purported transaction.

The court also heard that the NFRA Board chairperson, Pastor Kuyama had indicated that there was personal tension between Viola and his then CEO Nasinuku Saukila.

It was reported that Viola prepared the LPO and presented it to Chingola at Missies Trading to procure maize without the knowledge of the CEO Saukila and without following government procedures.

He is alleged to have awarded Misses Trading Company a K3.3 billion contract to supply the maize but the court was told that LPOs are not used for huge payments such as the maize procurement in question but rather for smaller goods and items.

It was also argued that even if Viola gave Chingola an LPO to bring maize into NFRA, his trucks would not have been allowed to enter NFRA premises and that the payment of K3.3 billion could not have been honoured.

The LPO presented was indicated by the defence that it was fake since it had no signature but just Viola’s name and phone number — which anyone can write.

It is reported that when Chingola refused during caution statement by the ACB that he received any LPO from Viola, the ACB is reported to have changed the charges and made him as a second accused when at first he was a state witness.

Viola, who denies any wrongdoing, is charged with three counts of misuse of public office, interfering with procurement and forgery.

In an interview, Viola indicated that the ACB has already made submissions and what remains is simply to answer the determination of the court either in writing, being silent or using witnesses.

“My lawyer, therefore, will provide the right direction on how to proceed,” he said.