Judge Muhara recuses himself from Mphwiyo ‘cashgate’ case

Arrested Malawi’s former Budget Director Paul Mphwiyo is bound to spend some more days in police custody after an attempt to file
relevant papers for bail application crumbled after High Court judge in whose court the papers were filed Lloyd Muhara recused himself from the case.

Justice Muhara:  Recuses himself

Justice Muhara: Recuses himself

Mphwiyo’s lawyer Shadreck Mhango confirmed that Muhara has recused himself from the case but could not say whether the judge has given any reasons for his decision.

“An attempt was made to file relevant papers with the High Court for the bail application, with Judge Lloyd Muhara handling the matter. But the judge recused himself from handling the matter,” said Mhango soon after a lower court committed the case to the High Court.

Lilongwe’s Senior Resident Magistrate Paul Chiotcha committed Mphwiyo’s case to the High Court upon receiving a certificate from the
Director of Public Prosecutions and as he was about to make a ruling on a bail application filed earlier in his court.

Chiotcha said with the DPP’s notification he would not be in a position to go ahead with his ruling on the bail application.

However, despite the hitch in the bail application Mhango was optimistic that the matter will be handled by Thursday and that his
client might be freed the same day.

“We have filed all the relevant documents. We are hopeful that our client will be released on bail,”  he said.

The development means that Mphwiyo has spent five successive nights in police custody following his arrest on Saturday along with his wife Thandi.

Mphwiyo is answering charges of theft and money laundering involving K2.1 billion.

After the lower court committed the case to the High Court without the bail ruling, Mhango pleaded with the court to go ahead and grant the bail telling the court to allow Mphwiyo to get medical attention at Milpark Hospital, in South Africa.

“We would like to highlight a few salient issues pertaining to the defendant. He was shot three times. From this shooting two out of the
three bullets are still in his body. He underwent several surgeries and has a schedule of which he had an appointment with his doctors on Sunday, the day after his arrest,” Mhango said.

He further said prolonged incarceration will cause great danger to Mphwiyo’s life.

“The committal of this case shows that the defendant will remain in custody. On these grounds I would ask your honorable court to allow him to attend medical attention at Milpark in South Africa,” he added.

However, State lawyer Pililani Bangula argued that the lawyer did not present any documentation to the court regarding the health of the accused and whether he (the lawyer) was an authority on somebody’s health.

“I don’t know where the counsel is taking the authority that someone’s life is in danger because the counsel here did not present a medical report from the doctor,”  Bangula said.

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MAbomba
Guest

Mulanduwu wamukulira Muhara. Nanga poti iye ali ndi mulandu wake wa MRA wa taxborrowgate. Kasambara nso akanadzipanga recuse from representing cashgaters.

Lloyd, nanga new born baby ali bwanji ku Blantyre? Tidakaberekabe?

Abiti Mtila
Guest

Mphwiyo does not require bail! once he goes for medical check-up he will not return to Malawi. What Mpwiyo did is not different from murder. He needs full remand!

Uchitsiru Sasekana
Guest

Chachikulu apa A Malawi tisiye kaye kudulidwa msonkho Boma libweze ndalama zones zobedwa kuthumba lachitukuko kuti tonse tipindule ndithukuta lomwe timakhetsa tsiku ndi tsiku usana ndi usiku apo BIII Zivuta pa Malawi

pearson sadala
Guest

Lloyd amapita kukamwa ma whisky kunyumba kwa mphwiyo . What do you expect

Ken nsonda
Guest

Iye mphwiyoy osadabwa kuti sanafe after zipolopolo zitatu kuba kwao mulungu anakwiya nako and mulungu samalora imfa ya munthu ochimwa hahahahahahahaha ali kaka anawombera kamodzi munthu pompopompo ku duwa usova aise lero ife pa afrikaans umodzi umodzi.

chilungamo
Guest

Guys why do you want a Mlakho judge to preside over Mphwiyo who is also a Mlakho? The judge has done well to recuse himself, let a neutral judge without any connections to any political party preside over this case! We have capable judges who can do this job. Muhara has done well to recuse himself I hope this will also have a ripple effect on the other judges from that other region who shield and defend each other.

Njolinjo mwana wamama
Guest

Mbaya!!!, mwee!!, they’re on it again! It’s either sickness or some Judge is recusing himself/herself out. Or we need here is justice. Majajiwa akufana kudya nawo chabe apa, choonadi akuchidziwa.

Mphembedzutsokonombwe
Guest

Kodi onse amene amamangidwa ndi kuwakaniza bail siwanthu! iyeyu amadya ndalama ngati masuku pamodzi ndi mbava zina zones za Cashgate ayenela awone m’mene ndende imakhalira!

Frenzo
Guest

Anthu ambiri anafa chifukwa cha Luba kwake mphwiyoyo ndiye uziti his life is in danger ya chiyaninso? Tinampatsa kale bonus anatibera komanso kuononga ndalama zambiri ku chipatala. He should now dance to the music he enjoyed playing

cameroon
Guest

Ndipodi akati his life is in danger, how special is he? Isnt he the image of God like us? How many are suffering in the cells with petty issues and how many died due to lack of medicine? Timve zenizeni!!

Makwale
Guest

muhara anene chifukwa

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