Court records seen by The Nation show that former ombudsman Enock Chibwana has replaced fellow hired private practice lawyer Kamudoni Nyasulu as lead Cashgate prosecutor for the State.
However, Ministry of Justice and Constitutional Affairs spokesperson Apoche Itimu on Wednesday could neither confirm nor deny the developments.
In a telephone interview, Itimu said Director of Public Prosecutions (DPP) Mary Kachale remains the main prosecutor in all the cases, including Cashgate.
She said: “I cannot say whether Mr Kamudoni Nyasulu has been replaced by Mr Chibwana because the main prosecutor has always been the DPP. She is the one who chooses who to preside over any case. It is at the DPP’s discretion as to who would proceed with the case.”
On Monday this week, Chibwana was spotted in the court as lead prosecutor in the K5.5 billion money laundering case where High Court judge Chifundo Kachale recused himself from the matter.
However, in an interview with The Nation on Wednesday, Nyasulu said he has two cases which he is expecting to finalise. He also said he remained one of the lawyers behind some Cashgate cases.
“I have cases involving Caroline Savala and Gwalawala Sibande to finish. I do not know whether I will be given more, but for now I will just be coordinating,” he said.
Nyasulu, as the lead prosecutor on behalf of the State in Cashgate, has managed to win all his cases, as all the convicts are now in jail. His contract was being sponsored by the European Union (EU).
Previously, Nyasulu served as DPP for Malawi and prosecutor at United Nations tribunals. n