Defence ordered to alter line of questioning

Elton Mangoma on criminal abuse charges – from questioning State witnesses on legal matters.
Mangoma is on trial for allegedly authorising the purchase of 5 million litres of diesel from a South African company NOOA Petroleum without going to tender.
Justice Chinembiri Bhunu upheld an objection by chief law officer Chris Mutangadura while Mrs Mtetwa was cross-examining PetroTrade acting chief executive Engineer Griefshaw Revanewako on the procurement law.
Mr Mutangadura said his client was just a layman in terms of the law and that questioning him on matters of the law was unfair.
Eng Revanewako told the court that he did not check with Mangoma on whether NOOA Petroleum and Mohwelere Trading were one company.
Mrs Mtetwa argued that Mangoma is alleged to have authorised the purchase of fuel from NOOA, but PetroTrade decided to deal with another company called Mohwelere Trading.
Eng Revanewako said he had researched and discovered that NOOA was acting, as a sales agent for Mohwelere and that is why money was finally paid to Mohwelere.
Mrs Mtetwa submitted that PetroTrade signed an agreement with a company that was not mentioned in Mangoma’s letter of authority, hence there was no basis of charging the minister.
The proforma invoice and pre-payment invoices from Mohwelere were dated January 11, 2011, a day before Mangoma made the directive.
On that basis, the defence argues that the purchase of fuel was not triggered by the letter from Mangoma considering that the transactions were already underway when the letter was written on January 12.
PetroTrade finance manager Mr Tanaka Sikwila took to the witness’ stand and told the court that he received an instruction from the permanent secretary Mr Justin Mupamhanga to transfer US$6,1 million from the Noczim debt redemption fund to that of PetroTrade.
He further told the court that he was later instructed to transfer US$4,4 million from PetroTrade’s CBZ Bank account to Mohwelere.
Asked why the money was paid to Mohwelere when the minister’s directive mentioned NOOA as the supplier, Mr Sikwila told the court that he was made to understand that the two companies were related.
He said he did not seek clarity from the minister but instead his superiors informed him that the two firms were linked.
The trial continues on Monday with more witnesses testifying.