Economist and political consultant Collins Magalasi could remain in custody for at least seven more days after the court ruled yesterday that his continued detention is in the interest of justice.
The ruling on Magalasi’s bail application came on a dramatic day in which the State opened a second case against him with a charge of fraud, money laundering and theft over the contested purchase of Amaryllis Hotel in Blantyre by the Public Service Pension Trust Fund.
In the new charge sheet, Magalasi and six others, including former State Residences chief of staff Prince Kapondamgaga are accused of obtaining K3.5 billion in the hotel transaction.
Lilongwe senior resident magistrate Shukuran Kumbani reserved his ruling on Magalasi’s bail application in the Amaryllis Hotel case to 10am today.
But the State had asked the court to keep Magalasi in custody for at least seven days, arguing that his release could lead to interference with witnesses.
Police director of prosecutions Prescot Mwayiulipo told the court earlier on Wednesday that Magalasi’s financial capacity could make it easier for him to interfere with witnesses.
The State’s argument followed an application for bail in the separate case in which Magalasi is accused of aiding another person to hack phone numbers belonging to senior government officials, including President Peter Mutharika.
Chief resident magistrate Austin Banda was expected to deliver his ruling on the hacking case bail application at 10am yesterday. However, it was Kumbani who turned up and first dealt with the fresh Amaryllis Hotel charges before delivering Banda’s ruling in the phone-hacking case.
In the ruling, Banda acknowledged Magalasi’s right to bail but found grounds for continued detention.
“It is in the interest of justice to remand Magalasi for a further seven days, as requested by the State,” he ruled.
Kumbani also observed that the alleged phone-hacking offence was not as serious as the State portrayed it, broadly agreeing with an argument by Magalasi’s lawyer Andy Kawonga that the offence attracts a K5 million fine while attempted hacking attracts a K2.5 million fine.
The State, however, argued that the penalties also include custodial sentences.
The two cases left Magalasi facing separate bail proceedings: he will remain in custody under the phone-hacking case while awaiting Kumbani’s decision today on bail in the Amaryllis Hotel matter.
Kawonga said he was surprised by the manner in which the State proceeded with the two cases.
Yesterday’s proceedings attracted a larger crowd than Wednesday’s hearing, with the courtroom packed with sympathisers and journalists.
Magalasi spent more than three hours waiting in handcuffs in a holding shelter before being brought to court. Some sympathisers took turns speaking to him, with some shaking his hand or hugging him.
He was held in a neighbouring section of the shelter normally reserved for VVIPs, although there was little distinction between the two areas. Both are dusty wooden rooms without chairs, leaving suspects to stand while waiting to be called into court or sit on the floor.
