UTM Party secretary general Patricia Kaliati yesterday walked to freedom following a court bail after being charged wi th cons p i r a cy to murder President Lazarus Chakwera.
She was arrested on Thursday in Lilongwe and appeared before the Lilongwe Principal Resident Magistrate’s Court yesterday where the State formally laid out her charge.
A charge sheet that principal resident magistrate Roderick Michongwe read out in court yesterday morning indicated that Kaliati and two others, who are at large, namely Joseph Odala and Frank Chinedu, between March 2024 and June 2024, allegedly conspired to assassinate the President.
the court
However, the magistrate said the State will come up with a final charge sheet Kaliati to take plea.
During the proceedings, State prosecutor Levison Mangani asked the court to extend Kaliati’s stay in custody by seven days to allow the State finalise its investigations into the matter.
He told the court that the police confiscated gadgets, from which they want to extract information.
Said Mangani: “We are in the process of extracting information from the gadgets.
“There are also a number of documents, including financial statements that need to be looked into. Furthermore, there are other witnesses that are yet to give statements and we need more time for that.”
He said he feared that releasing the accused before the other witnesses have given statements might see her interfering with the witnesses.
But in response, the defence legal team comprising former Attorney General Kalekeni Kaphale, Khwima Mchizi, Khumbo Soko and Gift Katundu objected to further detention of the accused.
Speaking on behalf of the team, Mchizi asked the court to release Kaliati with or without bail.
He argued that the State was not justified to continue holding Kaliati in custody, saying an arrest is supposed to come after investigations have been concluded and the courts have been clear on that.
Said Mchizi: “The reason the State wants Kaliati to be further detained is to question her, but Kaliati has made it clear to the police that she has decided to remain silent. Forcing her to speak will be violating her right to remain silent.”
The lawyer also wondered how the State will fail to extract information from the gadgets if Kaliati is released on bail.
He also faulted the State’s request to continue holding the accused in the belief that she knows witnesses that have not given statements, saying the State needs to bring evidence that she knows the witnesses.
“If it is about beliefs we would have been in the mosque or church somewhere,” said Mchizi.
Taking his turn, Kaphale, a Senior Counsel, reiterated that Kaliati does not have control over witnesses and there is no point in keeping her in custody on witness tampering fears.
Michongwe dismissed the State’s application for Kaliati’s further detention and proceeded to grant her bail.
