Treason case judge opts out

High Court Judge Ivy Kamanga yesterday asked to be recused from the treason trial in which Democratic Progressive Party (DPP) president Peter Mutharika and other party heavyweights as well as former government officials are accused of attempting to take over government after the death of president Bingu wa Mutharika in April 2012.

Kamanga asked to be recused soon after Mutharika, former Cabinet ministers Goodall Gondwe, Jean Kalirani, Patricia Kaliati and Symon Vuwa Kaunda; former chief secretary to the government Bright Msaka; and former deputy ministers Kondwani Nankhumwa and Nicholas Dausi took their plea of not guilty in the High Court in

Lilongwe.

Next Wednesday, November 20, a final decision will be made on whether Kamanga will hear the case.

The judge told the court that in January 2012, she was a member of a three-judge panel which was sitting over a presidential referral case in which former president the late Bingu wa Mutharika, through his then adviser on legal affairs, Allan Ntata, sought interpretation of Section 84 of the Constitution on whether the then vice-president Joyce Banda had constructively resigned by forming her own party, the now ruling People’s Party (PP).

Said Kamanga: “With that background, I ask counsels whether I can proceed with this matter. During the period under trial now [illness and death of the late Mutharika], my registrar asked me to be on stand-by because some had the intention to move the court on the state of affairs at the time.”

The judge said she also appeared before the commission of inquiry into the circumstances surrounding the death of Mutharika.

Kamanga also declared her personal relationship with Minister of Foreign Affairs and International Cooperation Ephraim Mganda Chiume who is a material witness in one of the charges of giving false information against Peter Mutharika, Gondwe and Msaka.

Further to that, the judge said her children are also friends with children of Kaliati and Msaka.

The State, through Director of Public Prosecutions Bruno Kalemba, accepted Kamanga’s decision, declaring that she could be a potential witness in the treason case.

But the defence lawyers led by Kalekeni Kaphale asked for more time to consult their clients even after Kalemba argued the State’s acceptance was enough.

Earlier, as early as 8am, supporters of DPP started gathering outside the High Court premises where the DPP gurus were expected to appear.

Song and dance accompanied Peter Mutharika’s arrival and departure at the court premises and he waved enthusiastically to the gathered supporters clad in party cloth just outside the High Court fence.

Among the sympathisers were widow of the late Bingu, Callista, and some members of Parliament (MPs) who entered the courtroom to render their moral support.

The DPP heavyweights were arreste

d in March this year following revelations in the commission of inquiry into the former president’s death found that they took part in concealing his death from Malawians in an attempt to prevent the vice-president from assuming power.