High Court judge Redson Kapindu has adjourned plea taking and directions hearing in the K5 billion cement gate case to March 29 2022 after it was established that one of the suspects, Norman Chisale and his lawyer, were not served with disclosures.
The suspects in the case, businessperson Mahmed Chunara, former president Peter Mutharika’s bodyguard Chisale, former director of State residences Peter Mukhito and Malawi Revenue Authority (MRA) deputy commissioner general Roza Mbilizi appeared before the High Court in Lilongwe to take plea in a case they are accused of abusing Mutharika’s tax payer identification number (TPIN) to import cement worth K5 billion duty-free.
But the suspects could not take plea as the defence lawyers informed the court that they were not served with disclosures while others were served the documents late.
Chunara’s lawyer Manuel Theu, therefore, asked the court for an adjournment of the plea taking and directions hearing to another date.
He said: “We had a meeting with the State to have the court adjourn to another date the plea taking and directions hearing in order to have the issues rectified.”
Mukhito’s lawyer, Shadreck Mhango, also said there were some preliminary issues that needed to be addressed. He stressed that other accused persons were not served with documents and there was also late service of documents for others.
The lawyer said the defence needed seven days to have the issues rectified and another seven days to respond to the issues.
“The court will have to advise on the next day of hearing. We have also been served with charge sheets and need to go through that,” Mhango said.
leaving the court
The defence asked for seven days to have the documents served on them and another seven days to respond.
Director of Public Prosecutions (DPP) Steve Kayuni said the disclosures for the second accused, Chisale, were sent to Gilbert Khonyongwa, one of the lawyers for the first accused on assumption that he was lawyer for Chisale.
“During the committal proceedings in the lower court, counsel Khonyongwa represented the second accused. So the disclosures were served to him,” he said.
However, Khonyongwa said he has always been a lawyer for the first accused (Chunara), but at some point, he was asked by lawyers for the second accused to represent them in court.
He said: “I have never changed clients mid way the case and it is not reflecting well to say I was first representing the second accused and moved to first.”
In his ruling, Kapindu said the court confirmed that Khonyongwa never switched clients and he was only asked to sit in for other lawyers to represent Chisale.
The judge also concurred with defence that the second accused was not served with documents.
“The interest of justice tilts towards the adjournment of the plea and directions hearing. This will also help the defence to study the charge sheet and also respond
to issues,” Kapindu said.He went ahead to adjourn the hearing to March 29 2022.
During the sitting, Kayuni also informed the court that lawyers for MRA, Financial Intelligence Authority (FIA) and Anti-Corruption Bureau (ACB) will join the prosecution team as part of the law enforcement coordination strategy. Each institution will provide one lawyer.
In an interview, the DPP said the case covers a number of issues; hence, lawyers from MRA, ACB and FIA will be joining the prosecution.
However, Kayuni declined to
comment on whether Mutharika will be one of the witnesses in the case, but said the former presidents statement on the matter is part of the disclosures.
The four are suspected to have connived to use Mutharika’s TPIN to import cement worth K5 billion duty-free.
