The High Court in Lilongwe has dismissed a State application to revoke bail for businessperson Leston Mulli, former chief secretary to government Lloyd Muhara and former secretary to Treasury Cliff Chiunda.
The State on Tuesday made an application for the court to revoke bail for the three suspects who were arrested on allegations of conspiring to defraud Malawi Savings Bank Debt Collection Company by arranging that Mulli repay a debt of K5 billion in 50 years.
The application was ignited by the absence of the suspects and their lawyers during a court sitting on Tuesday, when the court was scheduled to sit for plea taking and beginning of hearing.
Director of criminal litigation Dzikondianthu Malunda, representing the State, said the accused were not taking the matter seriously; hence, a need to revoke their bail so that they attend trial.
However, he asked the court to hear their side of the story before making the ruling.
When the court sat yesterday at 10am, all the three accused were present with their lawyers, having arrived much earlier than the scheduled time.
They justified their absence in the previous sitting and the court found merit in their explanations.
Mulli’s lawyer Lusungu Gondwe told the court that Mulli and Muhara failed to arrive on time because their flight was delayed by 25 minutes which affected their commitment to avail themselves timely for trial.
He said: “The accused were in no way undermining the court but the issue was beyond them.
“This is the first time that the first and second accused persons were delayed to attend the case. It is, therefore, a bit exaggerated for the State to say they are not taking the matter seriously.”
Chiunda’s lawyer Robert Majekete told the court that his client got communication that the court would sit at 2pm, hence the delay.
Judge Violet Chipao did not revoke bail as the accused showed no cause to have it revoked.
“Court will not revoke the bail,” said the judge.
She said the first and second accused justified their absence and the State was satisfied with their explanation.
However, she urged the first and second accused to be making proper arrangements to avoid similar occurrences.
Chiunda was also not faulted for missing the sitting as there was communication breakdown, but the judge called on his lawyer to be diligent in communicating to his client.
