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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23 thoughts on “Judge Muhara recuses himself from Mphwiyo ‘cashgate’ case”

  1. MAbomba says:

    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?

  2. Abiti Mtila says:

    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!

  3. 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

  4. pearson sadala says:

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

  5. Ken nsonda says:

    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.

  6. chilungamo says:

    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.

  7. 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.

  8. 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!

  9. Frenzo says:

    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

    1. cameroon says:

      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!!

  10. Makwale says:

    muhara anene chifukwa

  11. Deal says:

    Jelbin mk,

    The state prosecutor is simply asking for evidence of Mphwiyo’s health status. This is basically a doctor’s report.

    Otherwise the lawyer, though he rightly speaks on behalf of the client, does not have the mandate without the doctor’s report.

    1. Jelbin mk says:

      Mr deal b4 I answer u I would be interested to know which school did u go to & whether your teach was giving u comprehension in class or not or may be u don’t buy this simple and well narrated article because the statement said im the second last paragraph I quote ” However the state lawyer Pililani Bangula argued that the lawyer did not present any documentation to the court regarding the accused health AND WHETHER THE LAWYER WAS AN AUTHORITY TO ON SOMEBODY’S HEALTH. I have put in capital letters for you to understand what I am arguing with the so called prosecutor they are half baked selected through quota system even if they got 30 points.Thus why every case the state handles never secure any conviction unless the accused pleads guilty to the charges as mayi Telesa did otherwise the state find it difficult to prove it so even if it is a straight forward case.For your own info Mr a lawyer is an authority on his/her client’s welfare ranging from health to rights during his time of trial but I agree that he had to bring in documents to support his claim otherwise the court does not buy mere talks but to question his authority on his client he has a wide range of it.

  12. WAMISALA says:

    PAtsiku lachiweruzulo kuzakhala milandu kuposa iyi apa pali chani apa tiyeni tizingowotchana mbava zokhazokha wozenga mulandu mbava wozengedwa mbava sha ndikhulupilire ndani ine ndatha ine wamisala wamkulu

  13. Vavlov says:

    Mphwiyo if given bail will run away. He deserved to be shot because he is a thief; in fact he shouldnt be treated as a victim. Lock this thief, no bail for him and his wife. the chap is clearly a crook. Hope the courts will be serious, One wonders the competence of the government lawyers.

  14. APM says:

    very funny what is happening. if the judge is not competent, why maintain him as so? anastanzia msosa wawaona atombolombo ako zomwe akuchita/ they need disciplined. allocate brave men so that these cases dont take ages. we will suspect its witch hunting if all this nonsense continues. you will ruin the good work you have done so far. what animal is recuse in the courtrooms such that every judge wants to take it home? change for the better before we take justice in our own hands.

  15. Moseriwa. says:

    Wathuyo akongopangidwa china chake mutiziwa ife alomwe.Now we realise well to support Federation.

  16. Jelbin mk says:

    Malawian courts are a joke,once someone is arrested tactics are played to delay the justice process which is an infringement of peoples’ rights and remember every suspect is deemed innocent until proven guilty by a court of law but to punish anyone before the initial sentence is uncalled for no matter to whom this happens because what goes around comes around. I don’t support Mphwiyo or anyone but as the state prosecutor to say the accused lawyer has no mandate of concerning himself with the healthy of his client is as stupid as a piglet thinking, because in any case there is no one who could voice up for an arrested suspect than his/hr attorney not even his doctor can say anything to help the suspect secure any verdict in any court of law in the world. I don’t mean Mphwiyo should go escort free,he has to undergo trial to prove himself innocent if not innocent then he should face a full force of the law because we can’t stand seeing people getting rich in such a dirty way while the masses are starving worse enough such kind of people are not even merciful to the poor they are stealing from.

    1. busisiwe dlhomo says:

      iwedi ndi chitsiru koopsya, all what the state counsel is saying is that in the absence of a medical report, how can the court believe the defence counsel??? and may be he just forgot one point, alot of people died in hospitals due to the scarcity of drugs because of thieves like the mphwiyos, and the question now being how special is mphwiyo’s health than that of those who lost their lives and those still suffering in hospitals because there are no drugs??????????????????

  17. Whayo says:

    The Mlakho saga at play gain. When will this nosesnse stops in Malawi?
    Sometimes they will know God willing

  18. Shimoshimo says:

    Tiyenawoni chilugamo chidziwike, amalawi avutika kokwanila. Ndiponso amalawi tisiye kaye kulipira tax mpaka milandu ithe so that iyifulumizitse kuzenga aboma ngati akufuna kuti tiwadalire otherwise andalewa atisaukisa iwo akulemera.

  19. Chabazo says:

    Muhara is funny. He should have recused himself from that elections case he presided over at night. But then, does he imply that he and Mphwiyo are friends? Then let him surrender himself as ordered by Nankhumwa!

    1. Guest says:

      I am also surprised because Muhara and Mbendera were roomates at Chanco and the best of friends.

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