The Lilongwe Registry of the High Court yesterday dismissed an application by businessperson Leston Mulli against the State’s inclusion of private lawyers Disidigrio Liwimbi and Enock Chibwana in the prosecution team.
Mulli, alongside former Secretary to Treasury Cliff Chiunda and former Secretary to President and Cabinet Lloyd Muhara, are being accused of defrauding the Malawi Government through their handling of the Malawi Savings Bank’s Debt Collection Company.
In the application, the defence said private counsel hiring to the prosecution team should be done in accordance with the PPDA Act, which they believe was not followed.
But presiding judge Justice Violet Chipawo said the objections lacked merit, as there was no evidence to show that the procurement of the two lawyers was illegal, irregular or inconsistent with the PPDA Act.
“The objections lacked merit, the defence did not provide proof that the procedure was not followed when procuring the counsels,” she said.
After the ruling, defence lawyer Gracian Luzu, who was sitting in for counsel Chancy Gondwe, applied to the court, praying for leave pending an appeal to the Supreme Court of Appeal.
However, lawyer representing government Dzikondianthu Malunda objected to the application, and told the court that an appeal to the Supreme Court does not arise on a preliminary ruling.
In an interview after the court adjournment, Luzu expressed displeasure with the ruling.
“We feel aggrieved, as we believe that private counsel hiring should be done in accordance with the PPDA Act, which we still think was not followed,” he said.
The case has been adjourned to January 6 2025, when the court is expected to rule on the objection, which will determine whether the defence can appeal yesterday’s High Court Friday.
