The Public Ministry (MP) requested, yesterday, the constitution of the former governor of the province of Huambo, Fernando Faustino Muteka, as a defendant in the “Remains to Pay” case, which involves five former managers, accused of having looted more than one billion, 176 million and 118 thousand kwanzas, in the period 2010-2014
The MP magistrate, António Correia Tembo, made this petition to the judge-president of the case, Bruno de Melo, as he considered that in the process there are essential matters so that the former governor (at the time of the events, main manager) and listed only as a declarant, is accused, to prevent the nullity of the trial.
The new trial, which began on the 11th of this month, takes place in the hearing room of the 1st Common Crimes Section of the Huambo District Court, in compliance with ruling 5196/19 of the Supreme Court, which annulled the decision taken in the first instance, by violating the rules for producing evidence, omitting essential steps to discover the material truth.
In this sense, according to the Public Prosecutor’s Office, in the case of an entity that, at the time of the facts, enjoyed immunities, these files should be sent to the National Directorate of Investigation and Criminal Action (DNIAP) of the Attorney General’s Office (PGR) to follow legal procedures, regardless of your poor health.
In the case file, there is a medical document sent to the Huambo District Court by one of the country’s private clinics, to justify the absence of Fernando Faustino Muteka, as the main declarant of the process, as he is in a weak state of health, without the possibility of speak and move around. António Correia Tembo stated, according to Angop, at a hearing, that, taking into account the possibility of Fernando Faustino Muteka being accused by DNIAP, as main manager at the time of the events, the Huambo District Court does not have the powers to judge him, as he enjoyed a special status as governor.
During the hearing, the lawyers agreed with the position of the Public Prosecutor’s Office, as of the various questions requested, they were unanimous in declaring that, in the event of the absence from the Court of the former governor of the province of Huambo, Fernando Faustino Muteka, the trial might violate the rules production of evidence and essential steps.
The five defendants
The defendants in the case are João Sérgio Raul (at the time the general secretary of the Government of the province of Huambo), Victor Chissingui (former director of the Studies, Planning and Statistics office) and Constantino César (head of the Administration, Heritage department , IT, Budget Management and Transport of the General Secretariat of the Government of the province of Huambo).
Co-defendants also include Claudino Sicato Tiago (former head of the Budget Execution and Accounting section of the General Secretariat of the Government of Huambo) and Cândido Abel Camuti (director of the office of the then local governor, Fernando Faustino Muteka). It should be remembered that four of the five co-accused, except the former director of the office of the then governor of the province of Huambo, Cândido Abel Camuti, had already been sentenced, in 2020, by the Huambo District Court, to nine years in prison. , for the crime of embezzlement, however this decision was annulled by the Supreme Court.
In the trial ruling, it had been proven that the co-defendants caused global losses to the budgetary unit of the Government of the province of Huambo and six new independent bodies, at the time, of one billion, 176 million and 118 thousand kwanzas, which benefited directly from the value of 488 million, 40 thousand, 685 kwanzas and 39 cents, in addition to other public goods.
