Police are holding on to former State Residences chief of staff Prince Kapondamgaga despite a fresh order from Mkukula First Grade Magistrate’s Court in Lumbadzi, Dowa to have him released.
Kapondamgaga’s lawyer Donvan Silungwe said in an interview last evening that it was surprising for the police to act against the court order.
Kapondamgaga was arrested on Monday for alleged abuse of office and fraud allegations in the Amaryllis Hotel purchase by the Public Service Pension Trust Fund.
Silungwe said on Monday evening, police told him that they found the order irregular; hence, clinging to Kapondamgaga.
The development prompted Silungwe to seek a fresh amended order which was issued yesterday.
Reads the amended order in part: “It is further ordered that if the police have acted on the suspended warrant[s] by way of arresting the applicant [Prince Kapondamgaga] or if the police have arrested the applicant without a warrant issued by any other competent court, the said arrest be and is hereby nullified, and that it is further ordered that upon service of this order, the applicant be released from detention immediately.
“It is also ordered and directed that should the police desire to take any action against the applicant, the same should be done with prior authority of either this court or any other competent court with requisite jurisdiction.”
Asked on the new order, National Police spokesperson Lael Chimtembo did not respond to our questions, but Silungwe detailed how he tried to have Kapondamgaga released.
He said:” I went to Prosecution at Area 30 [National Police Headquarters] to serve the order, but was told to serve it to the Inspector General and I did, but nothing happened. I also went to Fiscal Police in Area 6 Lilongwe and served them as well, still nothing.
“I then engaged the DPP [Director of Public Prosecutions], who said he is on leave, but would engage relevant authorities on the matter, but nothing. My client remains in police custody at Area 3.”
Silungwe said it was unfortunate that “a law enforcement agency is choosing to defy a court order, instead of obeying it and challenging it later as per the law”.
Kapondamgaga is among the people whom a leaked report on the probe into the Blantyre-based Amaryllis Hotel by Parliament’s Public Accounts Committee (PAC) recommended that action shoube be taken against them for their alleged roles.
Meanwhile, the Human Rights Defenders Coalition (HRDC) has questioned the timing and sequencing of arrests in the Amaryllis Hotel investigation, warning that enforcement action risks creating perceptions of selective justice and undermining public confidence in accountability efforts.
In a statement issued yesterday, HRDC said while it supports accountability efforts, it is concerned that arrests are being made before the official PAC report on the transaction is released.
