Former vice-president Cassim Chilumpha yesterday made his case for the discharge of his 2006 treason case and will now await the decision of the High Court of Malawi sitting as a Constitution Court.
When the court convened yesterday in Blantyre, the three-judge panel comprising Justus Kishindo, Charlotte Malonda and Bruno Kalemba heard oral submissions from Chilumpha and the State.
Making his submission through former Attorney General Kalekeni Kaphale, Chilumpha, himself a lawyer, argued that the resumption of the trial was a breach of constitutional right to trial within a reasonable time.
He observed that it was surprising that since the treason case’s last adjournment in 2011, the State did not file any notice of adjournment to have the matter come for trial. He added that this could be an indication that the State lacked seriousness in prosecuting the matter.
Submitted Kaphale: “We think the case has taken too long. The accused person has a right to trial within a reasonable time after being charged. We think that the applicant’s constitutional right has been breached.
“How can an office [Directorate of Public Prosecutions] that has more than seven lawyers allow a period of time as long as 10 years to pass for such an important matter without requesting the court for a date?”
Chilumpha further argued that continuing prosecuting him will put him in a disadvantaged position in the case because, with the passage of time, his memory and recollection of events is not as sharp as it was in 2006 or 2013.
But in opposition, the State represented by Ministry of Justice senior State advocate Pirirani Masanjala argued that the question of what constitutes “reasonable time” remained unresolved.
He observed that it was practically difficult to mathematically calculate the period with which a delay could be held unreasonable and that the delay is justifiable.
“It is on record that there were various preliminary applications by both the public and the applicant which significantly derailed the speed of the case,” said Masanjala.
The court said it would communicate the date of judgement.
Chilumpha and co-accused Yusuf Matumula were arrested in May 2006 and face charges bordering on a plot to assassinate former president Bingu wa Mutharika. The charges include treason and conspiracy to murder.
In October 2023, the High Court discharged Chilumpha from criminal prosecution under Section 247(1) of the Criminal Procedure and Evidence Code. However, in June last year, the court reinstated the treason case with High Court Judge Ruth Chinangwa indicating that the previous discharge did not prevent further legal action.
The former vice-president and Bingu fell out in 2005 after the latter dumped the United Democratic Front, a party that sponsored his presidential ticket in the 2004 General Elections, to form the Democratic Progressive Party.
