Defence wants Muhara, 2 others discharged

Lawyers for businessperson Leston Mulli, former chief secretary to government Lloyd Muhara and former secretary to Treasury Cliff Chiunda have made an application before court to discharge the three from their fraud charges.

The three are accused of conspiring to defraud Malawi Savings Bank Debt Collection Company through an arrangement to have Mulli  repay a debt of K5 billion in 50 years.

Chief resident magistrate Madalitso Chimwaza was on Tuesday expected to refer the matter to the High Court where the accused would face trial.

However, one of the defence lawyers Frank Mbeta made a preliminary application to have the accused discharged, arguing the State had not complied with a court order to serve the defence with a document in relation to the formation of MSB Debt Collection Company.

The defence had asked for the document in 2022 and the court ordered the State to furnish the defence with the said paperwork.

“Disclosure in criminal proceedings is an integral part of the right to fair trial,” said Mbeta.

The lawyer said the accused asked for the document to prepare for the case, but 18 months have elapsed without the State serving the document.

Mbeta prayed to the court to have the accused discharged and only be brought back once the State has served the defence with disclosures and is ready to prosecute.

Another defence lawyer Lusungu Gondwe said the failure to comply with court orders shows that the State is not ready.

He also prayed that the accused should be discharged.

Senior assistant chief State advocate Dzikondianthu Malunda objected to the application for discharge of the suspects, saying the matter has not started as it will be handled in the High Court.

He said any issues to do with management of the case and disclosures will have to be dealt with in the High Court where the matter is to be referred.

“The disclosures were sought on assumption that the matter will be handled in this court, but the Director of Public Prosecutions[DPP] issued a certificate for committal to the High Court,” says Malunda

In response, Mbeta said committal should not be used as a tool to disregard court orders and fundamental rights of the accused persons.

Chimwaza reserved her ruling on the matter and adjourned the case.

The CRM also adjourned to a later date a case in which former Reserve Bank governor Dalitso Kabambe, former Reserve Bank deputy governor Henry Mathanga as well as businesspersons Leston Mulli, Felton  Mulli, Leonard Kandonje, Justin Likhunya and Joseph Khupe are accused of conspiring to defraud the central bank of billions of kwachas.

The businesspersons allegedly conspired with senior RBM officials to access letters of credit for procurement of fertiliser to be supplied to Smallholder Farmers Fertiliser Revolving Fund of Malawi, but never supplied.

The case also came up for committal of the suspects to face trial in the High Court.

However, it transpired that Kandoje was not feeling well and did not show up in court.

Defence lawyer Lusungu Gondwe prayed for an adjournment as the suspects were jointly charged, but also that the certificate for committal that the DPP issued covered all the seven suspects.

However, State lawyer Dzikondianthu Malunda asked the court if it could proceed with committal of the six accused persons that were in court and later commital of Kandoje.

However, the defence objected to partial committal, saying the accused are jointly charged, adding the partial committal will serve no purpose as the file to be submitted in the High Court will still need to wait for committal of Kandoje.