APM, wife face arrest, prosecution
The Director of Public Prosecutions (DPP) Steve Kayuni has advised the ACB to proceed with its plan to prosecute former president Peter Mutharika, his wife Gertrude and son Tadikira for allegedly abusing presidential duty-free privileges.
In a letter dated November 9 2022 which we have seen, Kayuni advises Anti-Corruption Bureau (ACB) director general Martha Chizuma to withdraw Norman Chisale as the bureau’s key witness in the taxpayer identification number (Tpin) case which it is prosecuting.
Kayuni argued that using Chisale as ACB witness will affect three other cases, which the former Mutharika’s personal bodyguard is answering.
The three cases are one on Cement imports, possession of unexplained property contrary to Section 32(2)(c) of the Corrupt Practices Act and K5 billion Preservation Order (Civil Forfeiture Process).
Kayuni further advised Chizuma that prosecuting three Malawi Revenue Authority (MRA) managers, namely Abigail Kawamba, Fred Mpeusa and Patrick Chisasa in the presidential Tpin case will also affect prosecution of the Cementgate cases.
Reads the letter in part: “I, thus, strongly advise that ACB-Tpin matter should proceed without the three MRA managers for the reason that their crucial testimony should be secured for the Cementgate matter; reconsider the NPC [Norman Paulos Chisale] angle as the current form risks three crucial case files as intimated in above.
“The rest, namely, Peter Mukhito, Tadikira Mutharika, Thom Malata [deceased], Gertrude Mutharika, Peter Mutharika, and Roza Mbilizi can proceed as planned by ACB.”
Kayuni noted that prosecutorial strategy can only attain its goal if the law enforcement agencies go into the organisational structure of the cartel or criminal movement.
He further argued that rounding up everyone does not attain the desired goal as it leads to acquittals.
“The urgent need of dealing with these cases in court and not just arrests is pertinent to the prosecutorial strategy of the country.
“I note that time has passed without the scheduling of any quick meeting among the agencies as our diaries have always been at cross-purpose. I would, therefore, welcome any clarifications that you may wish to make Madam Director,” adds the letter.
One of Mutharika’s lawyers, Samuel Tembenu, declined to comment on the matter, saying he had no information regarding the DPP’s direction.
When contacted yesterday, Kayuni declined to comment while Chizuma and ACB principal public relations officer Egrita Ndala were both unavailable for comment.
On July 7 2022, ACB arrested former MRA deputy commissioner general Roza Mbilizi, Mpeusa and Kawamba for allegedly abusing former president Peter Mutharika’s Tpin free privileges.
But on July 19 2022, Kayuni wrote Chizuma saying the trio’s arrests were embarrassing as some of the accused are State witnesses in a similar case which Chisale and others are answering
