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Mulli, State battle over private lawyers

Businessperson Leston Mulli has protested the State’s decision to hire private practice lawyers to help prosecute a case in which he and two others are accused of conspiring to defraud the government of K16 billion through Malawi Savings Bank (MSB).

Through his lawyers, Mulli has made an application before the High Court in Lilongwe not to entertain the inclusion of the private lawyers Enoch Chibwana and George Liwimbi, arguing that the State flouted procurement procedures in hiring the lawyers.

Businessperson Leston Mulli

In an interview one of the lawyers representing Mulli, Gracian Luzu, said the defence believes procurement processes were not followed in hiring the lawyers to join the State as prosecutors.

He said the defence believes that the State v iolated the Public Procurement and Disposal of Assets (PPDA) Act.

“We have come up with several arguments which we would want the court to hear us and address,” said Luzu.

On October 21, Lusungu Gondwe, one of Mulli’s lawyers wrote to the office of the Director of Public Prosecution, asking for documents to show that the private lawyers were hired in accordance with procurement laws.

Reads the letter in part: “Our client is aware that Counsel Chibwana started prosecution of this matter in the Chief Resident Magistrate’s Court and has been joined by Counsel Liwimbi in the High Court of Malawi [Financial Crimes Division].

“All along our client believed that your office appointed Counsel in terms of the PPDAA. Our Client informs us that they now have reason to believe that the PPDA may not have been complied with.”

In a separate interview, director of criminal litigation Dzikondianthu Malunda justified the procurement, saying the State followed a single sourcing procurement method which is allowed in procurement.

He said the State will provide its arguments before the court and provide necessary documents to justify the hiring of the lawyers.

The court has since set November 12 as a date for hearing the application.

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