Judge orders 40-day trial in Odillo Cashgate case
The High Court in Lilongwe has set June 6 for the beginning of trial in a Cashgate case involving former Malawi Defence Force (MDF) Commander General Henry Odillo and other former senior military and government officers and further directed a maximum of 40 days for trial.
The ruling was made yesterday after the defence and State lawyers tussled over legal technicalities including whether the defence should disclose at this stage a list of its witnesses.
At some point, presiding Justice Redson Kapindu, mulled over sending the case to the Constitutional Court after the defence insisted that the move by the State to request the list before the court finds the accused persons with a case to answer was unconstitutional.
However, after a series of arguments, lead prosecutor Kamudoni Nyasulu withdrew the request to allow the judge to make determination on other preliminary issues that so far have delayed commencement of trial.
The trial will start on June 6 and earlier, Justice Kapindu directed that the defence and State agree on the maximum period for the trial including examination of witnesses after the State submitted a proposal of 22 days.
He later directed that the trial period be restricted to 40 days after some members of the defence team wanted more days.
“We are now satisfied with the direction the case has taken. The State is ready with its case, we already made the disclosures last year. We have agreed as a way forward they will submit the list of witnesses at a later stage, we are comfortable with the period for the trial,” said Kamudoni.
Odillo, alongside his former deputy Clement Kafuwa, Thuso Group proprietor Nelson Kauwa Banda, Ganizani Sionga Kuchombo and former Accountant General David Kandoje are accused of multiple charges of fraud and corruption.
They face seven counts of corruption, negligence and money laundering-related charges over alleged illegal payments amounting to close to K2 billion made to a military supplier as part of over K24 billion public embezzlement scandal of 2013 known as Cashgate.
