Magistrate to hear Batatawala, others
Blantyre Senior Resident Magistrate’s Court yesterday dismissed an application by businessperson Abdul Karim Batatawala and others for discharge because the Financial Crimes Act was applied retrospectively on some charges they are answering.
Instead, the court asked lawyers for the accused persons to address it to justify their conviction that there are constitutional issues requiring referral to the Chief Justice for certification.
Through their lawyers, Batatawala, former Department of Immigration and Citizenship Services chief immigration officer Elvis Thodi, Immigration commissioner responsible for operations Fletcher Nyirenda and deputy director Limbani Chawinga did not necessarily apply for the referral but for the discharge.
The application for discharge was filed by Batatawala and orally supported by his co-accused on the basis that if the court was going to discharge the first accused, they too be discharged.
The four argued that the Anti-Corruption Bureau (ACB), which is prosecuting the case, alleged that they committed the offences in 2009, but observed that they were charged under Financial Crimes Act, which was only enacted in 2017.
The accused persons are answering charges of conspiracy to defraud government by allegedly inflating the market price of lockers procured by the Department of Immigration from Batatawala’s firm.
But upon declining to discharge the accused, Blantyre senior resident magistrate Martin Chipofya, who has since been promoted to chief resident magistrate for Eastern Region, said he felt the accused have issues with retrospective application of the Financial Crimes Act.
He said the first accused at the beginning of the case wanted to make the application for referral of the case to the Chief Justice, but it was withdrawn.
The magistrate said he needed to hear from the lawyers and, thus, asked them to address him on the issue on a date to be appointed.
However, the suggestion left the lawyers confused, wondering what would happen if he hears them and still decline to make the referral. The magistrate invited the lawyers into his chamber for more discussion.
Earlier, the ACB team missed the morning court session when the defence’s application for discharge was made and there was no communication regarding their failure to appear. When the court sat in the afternoon to deliver the ruling, Imran Saidi, one of the lawyers for ACB, said they wanted to be heard before the ruling was made.
But defence lawyers Tamando Chokotho, Fostino Maere, David Kanyenda and others representing different accused persons, objected arguing the ruling was ready and the court must deliver it.
The magistrate also faulted the ACB and proceeded to deliver the ruling.
