By press time at 8pm yesterday, High Court of Malawi Judge Mzonde Mvula was yet to decide the fate of Malawi Congress Party (MCP) secretary general Richard Chimwendo-Banda’s bail application, implying he could spend Christmas in custody.
Chimwendo Banda, a former Cabinet minister during immediate-past president Lazarus Chakwera’s tenure, was arrested on December 12 and the court yesterday heard his bail application in Lilongwe.
Upon hearing lawyers for both the applicant and the State, Mvula said he needed more time to consider the submissions.
He did not indicate when the ruling would be delivered, but stated that despite public offices being closed for the festive season, he would still proceed with the ruling since the hearing had already started.
“Once the ruling is ready, it will be sent to both parties through email,” said Mvula.
However, the judge faulted the practice of arresting suspects before conclusion of investigations, saying that prolonged detention to allow investigations place unnecessary pressure on the country’s already congested prisons.
Making the bail application, Chimwendo Banda’s lawyer George Kadzipatike told the court that his client, who was not present in court, was yet to be formally charged.
Kadzipatike assured the court that Chimwendo Banda would be available for trial. He said his client has a permanent residence in Area 43, Lilongwe, is a serving member of Parliament (MP) and poses no flight risk
“He is not a flight risk. He actually handed himself over to police after being summoned,” he said.
Kadzipatike added that two MPs were ready to act as his sureties if required and urged the court to consider granting bail without conditions, highlighting the absence of a charge sheet.
However, Directorate of Public Prosecutions director of criminal litigation Dzikondianthu Malunda opposed the application, submitting that Chimwendo Banda is a person of authority and could interfere with evidence if released.
“It will not be in the interest of justice to release the accused on bail,” he said.
Two weeks ago, the Lilongwe Chief Resident Magistrate’s Court remanded Chimwendo Banda to prison, but ordered that he be taken to hospital for medical treatment.
The order followed an application by the defence, which told the court that police had ignored requests to allow Chimwendo Banda to seek medical attention after he reported feeling unwell.
The State earlier indicated that he was suspected of attempted murder.
