EPP leader Chilufya Tayali says he has no proof that Chishimba Kambwili personally lodged in documents at PACRA to alter the details of Mwamona Engineering and Technical Services.
And Tayali has admitted that Kambwili did not at any point cause any disturbance or obstruction to judicial proceedings during magistrate David Simusamba’s court proceedings.
Meanwhile, Tayali says according to his ‘common knowledge’, a company cannot lodge in documents at PACRA when a matter is in court.
However, Lameck Mwenya, 42, a manager in charge of registration at PACRA says there is no such law which states that when a matter is in court then changes cannot be made at PACRA.
This is the matter in which Tayali, 44, alleged that Kambwili tampered with evidence in a case in which the latter is facing three counts of forgery, uttering false documents and giving false information to a public officer.
Particulars of the offence are that Kambwili on March 6, 2018 in Lusaka, did cause an obstruction or disturbance in the course of judicial proceedings by lodging documents at PACRA to alter the details and records of Mwamona Engineering and Technical Services which were subject of active judicial proceedings.
It is alleged that the changes made were particulars of the two directors namely; Mwamba Chishimba and Carol Chansa, of which Mwamba Chishimba was changed to Mwamba Kambwili and Carol Chansa to Carol Chansa Chipande.
And when the matter came for continuation of trial before Magistrate Nsunge Chanda, Thursday, Tayali said he had brought the complaint of contempt in court because the evidence that he had given in magistrate Simusamba’s court had been altered.
However, during cross examination led by defence counsel Keith Mweemba, when asked whether he was aware that Kambwili’s son was also Mwamba Chishimba, Tayali said he was not aware.
“I’m not aware, I’m hearing it from this court,” Tayali said.
Asked if he had evidence that Kambwili was the one who lodged in the documents at PACRA, Tayali said he didn’t have any evidence.
“That he is the one who lodged personally? No I haven’t [got that evidence]. No evidence,” he said.
Tayali admitted that Kambwili did not at any point cause any disturbance or obstruction to judicial proceedings during magistrate Simusamba’s court proceedings.
He however said according to his ‘common knowledge’, a company could not lodge in documents at PACRA when the matter was in court.
However, a manager in charge of registration at PACRA said, during cross examination, that there was no such law which stated that when a matter was in court then changes could not be made at PACRA.
He said when those documents were being changed at PACRA, he was aware that he was a witness in magistrate Simusamba’s court.
Mwenya said when those changes were being made, a receipt was issued which was not in Kambwili’s name but that of the company (Mwamona).
He said Kambwili was not a director or shareholder of Mwamona but just chaired the meeting to change the directors of the company.