The State has asked the High Court to revoke bail for business mogul Leston Mulli, former Chief Secretary to Government Lloyd Muhara and former Secretary to Treasury Cliff Chiunda, who are suspects in the Malawi Savings Bank (MSB) K5 billion fraud case.
The three were arrested on allegations that they conspired to defraud the Malawi Savings Bank Debt Collection Company, but were released on court bail.
The State, through lawyer Dzikondianthu Malunda, who is also director of criminal litigation in the Ministry of Justice, yesterday made the application for bail revocation after the suspects failed to show up in the High Court in Lilongwe for plea-taking and commencement of hearing.
The High Court Financial Crimes Division was initially scheduled to sit at 9am, but the defence requested to have the proceedings start at 10am. However, by 10.10am, the suspects and their lawyers were nowhere to be seen.
Their absence and that of their lawyers forced Malunda to ask the court to revoke bail for the suspects, arguing they had not given reasons for their no show.
He said: “One of the conditions for granting bail was that the suspects will be availing themselves for trial. If the defence had logistical challenges, they should have communicated, but there was no communication even to the court clerks.”
Malunda, therefore, asked the court to revoke it is affecting the progress of the case.
“Failure to turn up and no reasons having been given for their failure to turn up, it is our view that bail should be revoked,” said the lawyer.
However, he said the suspects need to be heard on why the bail should not be revoked and he prayed to the court to set a date to hear the suspects.
Judge Violet Chipao, who is hearing the case, also said the court was not given reasons for the absence of the accused and their lawyers.
She, therefore, ordered that the accused appear before the court today to justify why bail should not be revoked. She then adjourned the matter to today.
Shortly after the judge and the State team had left the room, the three accused persons and their lawyers arrived.
When asked to comment on the matter, the lawyers declined.
The three are accused of making an arrangement for Mulli to repay a MSB debt of K5 billion to the Malawi Savings Bank Debt Collection Company in 50 years.
