Kaliati absconds trial, fined

The Blantyre Chief Resident Magistrate’s Court has fined former minister of Information Patricia Kaliati K50 000 (US$135) for absconding her corruption trial without valid reason.

Kaliati, currently attending a meeting of Parliament, is facing one count of influencing or inducing or persuading a public officer, Oscar Maganga, former Ministry of Education assistant education officer, to abuse his office for the advantage of 77 pupils that were admitted to five public secondary schools.

Anti-Corruption Bureau (ACB) chief prosecutor David Bandawe asked magistrate Thom Ligowe to invoke Section 86 of the Criminal Procedure and Evidence Code.

The code states that any accused person summoned to attend trial before a court who without lawful excuse, fails to attend as required by summons, or who, having attended, departs without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine of K50 000.

Said Bandawe: “There is no record that she has taken leave of the court in order to attend Parliament. Attending Parliament is not a lawful excuse. It can only be lawful if this court grants leave. It is the prayer of the State that Section 86 of the Criminal Procedure and Evidence Code be invoked against Honourable Kaliati for absconding without any lawful reason after this court adjourned on October 1.”

Ligowe agreed with Bandawe that no reason was given for her to attend Parliament much as Members of Parliament (MPs) have privileges.

The magistrate observed that the privileges had nothing to do with trial, especially when court summons were issued prior to the sitting of Parliament.

He then ordered that Kaliati pay the K50 000 fine to the court.

Trial resumes on December 16.

Kaliati’s lawyer Kalekeni Kaphale was not in court so too was Oswald Mtupila, lawyer for Maganga.

Mtupila on October 1 raised technical issues regarding the drafting of the charges against his client which led to an adjournment to Tuesday next week.

In an interview, Bandawe said ACB has consolidated the five offences into one and the State is ready with prosecution