High Court faults ACB on appeal

The High Court in Mzuzu has dismissed an appeal by the Anti-Corruption Bureau (ACB) on a lower court decision, accusing the graft-busting body of misunderstanding the verdict.

Facts of the matter, according to a February 19 2015 judgement The Nation has seen, show that ACB arrested and charged an Immigration Department employee in Mzuzu, Martha Banda, on two counts of corruption and misuse of office contrary to sections 24(1) and 25B (1) respectively of the Corruption Practices Act (CPA).

Banda, an accounts assistant, is alleged to have received K1 500 from Charles Junior Nyirenda to expedite processing of a passport.

ACB took the case to the Mzuzu First Grade Magistrate’s Court, which issued Banda with a warning according to Section 337(1) (a) of the Criminal Procedure and Evidence Code.

However, ACB appealed against the decision in the High Court where judge Dingiswayo Madise upheld the lower court’s verdict and accused ACB of misunderstanding the judgement.

Said Madise: “K1 500 was too little for a custodial sentence. I am reminded that when dealing with an offender, a court must make decisions which are coated with some measure of mercy. I, therefore, see nothing wrong with the decision by the trial court.”