‘Hidden Debts’: Judge refuses London’s request for access to Mozambique case documents

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‘Hidden Debts’: Judge refuses London’s request for access to Mozambique case documents

11:52 CAT | 12 Jan 2022

File photo: DW

Judge Efigénio Baptista considers that “it would be a violation of the [Mozambican] Constitution to allow documents obtained for the criminal process to be used for collateral effects”.

Judge Efigénio Baptista, who is presiding over the so-called ‘hidden debts’ trial in Maputo, has refused to grant access to official documents to the parties involved in the case linked to the same events in the United Kingdom, the Commercial Court of London revealed this Monday (10-01).

According to Jonathan Adkin, the lawyer representing the Republic of Mozambique in the London proceedings, the Mozambican judge replied to the request saying that “it would be a violation of the Constitution to allow documents obtained for the criminal process to be used for collateral effects”.

The Mozambican magistrate invoked the Mozambican Constitution to argue that the defendants are entitled to “moral integrity, to their good name, reputation, [to] enjoy defensive rights to public image, private life and the inviolability of correspondence”, and that documents such as e-mails and bank statements recording personal information are contained in the files.

According to Jonathan Adkin, the answer only became known last Friday, despite having been issued at the end of December.

The Deputy Attorney General of Mozambique, Angelo Matusse, asked Judge Efigénio Baptista in August, 2021, to “consult, copy and disclose” the “official case”, at the request of lawyers from Credit Suisse, VTB and naval group Privinvest.

The so-called “official case” is in the custody of Judge Efigénio Baptista, while the Public Prosecutor has a copy of the criminal case as it was delivered to the Maputo Court in March 2019.

It is normal practice for documents to be added to the criminal case after submission to the court, and, Adkin said, the Public Prosecutor confirmed that the prosecution does not have a complete copy of the case.

Credit Suisse, VTB and Privinvest argue that access to documents in the case underway in Mozambique is crucial to building their arguments, describing the “official case” as a “treasure trove” of information.

Judge Robin Knowles, who presided over this Monday’s hearing, reserved for later a written decision on whether or not he would ask the Attorney General’s Office (PGR) to deliver the documents in its possession to the British justice system.

The trial at the Commercial Court in London is scheduled to start in October, 2023, and last at least three months, but the parties may in the meantime resort to the court to discuss procedural issues.

Source: Deutsche Welle