Court slaps public prosecutor with K30 000 fine
The High Court in Lilongwe has imposed a fine of K30 000 (US$72) on the office of the Director of Public Prosecutions (DPP) for failing to submit the necessary documentation to the defence in the case in which Sibongile Chimphango is charged with theft and money laundering of K83 million (US$198 564) from government.
Delivering her order on Wednesday, judge Ivy Kamanga said there was lack of seriousness on the part of the DPP’s office considering that summons for hearing of the case was submitted on January 17 this year.
This was after the DPP, represented by Kamudoni Nyasulu, who has been appointed as public prosecutor specifically to prosecute cashgate cases, asked with “embarrassment” to adjourn the hearing because they had failed to serve the relevant documents on the defence lawyers on time.
Nyasulu also asked the court that the accused, Chimphango, should take plea again because fresh charges were filed against her on February 4, yet she had already pleaded not guilty when she appeared in court on November 26 2013.
Kamanga said the DPP’s office had wasted her time going through the file for the case when they were not ready for hearing using time limits set in the Criminal Procedures and Evidence Code.
“This is for wasting my time to go through a court file for a matter that is not ready for hearing. The hearing will not proceed at the DPP’s insistence. The DPP is penalised at K30 000 to be paid in court by Friday,” Kamanga ordered.
She further ordered that the State should provide the defence with disclosures, witness statements and any other information by February 26 before adjourning the matter to March 19 2014.
“There was no explanation given for failure to comply with time limits. I would wonder on the seriousness on part of the DPP to prosecute the matter when there is no follow-up being made at the DPP’s chamber,” Kamanga said.
Chimphango pleaded not guilty to the charges of money laundering and theft and the State has prepared four witnesses to prove their case.
The Chimphango case is the latest in the cashgate trials which have failed to take off for various reasons since trials commenced on February 5.
