The Chief Resident Magistrate’s Court in Lilongwe will on Tuesday next week deliver its determination on an objection by the Defence for the State to bring a recorded audio as evidence by State witness Helen Buluma in case involving former Energy Minister Newton Kambala and two others.

Yesterday Thursday, the trial failed to proceed because the defense objected rendering of the evidence saying it is unconstitutional because it was recorded without consent.

Kambala is answering the charges alongside AFORD President Enoch Chihana and President Lazarus Chakwera`s former aid Chris Chaima Banda.

“Our view is that the evidence is not admissible because it was recorded secretly without the consent of any of the accused persons, and so accordingly in violation of their or their constitutional rights to privacy.

“So we have applied to court that the evidence excluded, there’s been back and forth because the State has had to comment on our application,” said Khumbo Soko, one of the defence lawyers.

The three are being accused of conspiracy to influence a public officer to abuse her office, abuse of office and attempting to influence a public officer to abuse her office.

The court has since adjourned hearing of the matter to Tuesday, May 31, 2022.