Jumbe, Bwanali trial April 23
The Lilongwe Magistrate’s Court yesterday set April 23 and 24 this year as dates for commencement of the trial of former ministers of Friday Jumbe (Finance) and Phillip Bwanali (Sports Culture), who were implicated in the theft of K11 million from the Ministry of Sports in 2004.
The case has resumed seven years after the two former ministers and chairperson of the Sports and Culture Trust Fund, Vincent Mpaluko, were found with a case to answer on charges ranging from theft by a public servant, misuse of office and gross negligence by a public officer to obtaining money by false pretence.
High Court judge Chifundo Kachale, who is presiding as chief resident magistrate because he originally handled the case in that capacity, set the dates during hearing of a motion on application of extension of time to file and service preliminary issues.
Kachale also quashed a challenge from the lead lawyer for the defendants, Manuel Theu, that as a judge he had no jurisdiction to handle the case because it was a lower court matter.
Kachale said: “Section 5 (a) of the Courts Act gives me the power to preside over the case and in any case, the chief resident magistrate herself requested me to continue with the case upon handing over the case files to her office.”
Theu had asked the court to change the schedule of dates for filing and exchanging processes because he had just been appointed lead counsel to coordinate issues between Lilongwe where Mpaluko is resident and Blantyre where Jumbe, Bwanali and their lawyer Maxwell Tembo reside.
The Anti-Corruption Bureau (ACB) which has outsourced the prosecution of the case to G.D Liwimbi and Partners who have put lawyer Gabriel Chembezi on the case, did not object to the request.
Kachale granted the request asking Theu to file submissions of preliminary issues on March 19 and the State to respond by March 26 before he makes a determination on them on April 15.
