Muluzi case adjourned again

Acase where former president Bakili Muluzi and his then personal assistant, Violet Whisky,  are accused in relation the K1.7billion that the state had claimed was money for government on Monday faced another hurdle as a key witness was reportedly taken ill, forcing the judge to adjourn the case to Thursday.

Muluzi: Case adjourned

Muluzi: Case adjourned

Judge Maclean Kamwambi was told by the Anti Corruption Bureau (ACB) deputy director Reyneck Matemba that Victor Banda, himself former ACB deputy director, was sick and was meeting a doctor on Monday when he was supposed supposed to give evidence in the case.

Defence lawyers of Tamanda Chokotho and Jai Banda protested against this, accusing the government of deliberately dragging the case which has run close to eight years now.

However Judge Kamwambe said issues of health could not be compromised and granted the adjournment.

He said the defendants, Muluzi and his former aide were entitled to a fair trial.

Matemba said the state wants to have the case concluded as soon as possible, saying the delay was beyond the state control.

JudgKamwambe has adjourned the case to Thursday, April 14.

The former president argued when he was arrested that the charges amounted to “political persecution”.

Muluzi stepped down as president after serving two terms in office in 2004.

His lawyer, Tamanda Chokotho, had told High Court that he wanted the case to go to the Constitutional Court as per Rule 8(1) of the Courts (High Court) (Procedure on the interpretation of Application of the Constitution) Rule as he felt the issues being raised in the case are constitutional in nature.

Chokotho claimed that Muluzi’s hand-picked successor, the late Bingu wa Mutharika, interfered with the operations of ACB by ordering his arrest on corruption charges when ACB had no intention to carry out the arrest.

It is on record with a leaked audio clip that late Mutharika ordered former ACB director Gustav Kaliwo to “shake up” Muluzi.

Chokotho also argued that the case was politically-motivated because Muluzi—who was head of State between 1994 and 2004—was continuously being harassed by arresting him. Muluzi was also arrested on trumped up treason trial at the airport when he arrived from UK. He is seeking compensation on that.

The lawyer also questioned the conduct of the offices of the ACB and the Attorney General (AG) in the matter.

“Did the former AG and director of ACB’s conduct to fabricate evidence against the accused not undermine the accused’s right to a fair trial as provided for in Section 42[2][f] of the Constitution?” queried Chokhotho.

Meanwhile, Muluzi through his lawyers withdrew constitutional review case which was before Chief Justice Andrew Nyirenda  to certify it as a constitutional matter and then refer it to the Constitutional Court for determination so the case can remain within High Court.

Muluzi’s case started in 2009 and has now taken about six years due to numerous adjournments mainly attributed to the former president’s illness and objections from the defence as well as delays from the State.

Government already had given Muluzi back over 60 vehicles which ACB seized from him in 2009.

According to ACB deputy director Reyneck Matemba, the vehicles were really “deteriorating” hence an out-of-court agreement between anti-graft body and Muluzi lawyers led to the release of the vehicles last year.

The agreement was subsequently validated by court consent, Matemba disclosed.

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Charles
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Charles
5 months 17 days ago

Just drop this political motivated case, you are wasting your time like people who never went to school enough!

MASTER
Guest
MASTER
5 months 17 days ago

Lets put our eye to Jesus.

SetChairFree
Guest
SetChairFree
5 months 17 days ago

nonsense, drop the case and set Atcheya free. We all know the money was used to campaign for Bingu who was penniless in 2003-2004. Spare us ACB the embarrassment and set the man free. We also know that the government messed up the case by involvement of Bingu and his “shake him up” blunder, its a politically motivated charge. Set Chair free!!!!

Kholowa mkabudula
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Kholowa mkabudula
5 months 18 days ago

A cheya woyeee amangidwe anatinamiza kuti adzatipatsa nsapato atawina mkumatilalatila kuti anadziwa ma saizi athu? Pamene ankatipolomisapo sankatifunsa ma saizi nde angatipusitse choncho? Amangidwe bwasi

Ze Roberto
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Ze Roberto
5 months 18 days ago
Any government serious with busting corruption would make sure that all involved in cases of corruption,theft and fraud, no matter how small or huge the amount is or their standing in society is , are prosecuted. But because this is Malawi where winning of the next election becomes the government top agenda which is why DPP and UDF are political bed fellows, there is no way Muluzi can be prosecuted. Remember ACB is not independent from political interference. How can it be, when the head of the institution is appointed by executive arm of government? That’s where we need to… Read more »
Mbili ya bakha
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Mbili ya bakha
5 months 18 days ago

A malume anga Ababa njinga ya moto Ali plizoni 2yeezi piano mlandu sunakambidwebe. Uyu angoyenda kutibrraso misonkho kupita Ku ma UN misonkhano. Kodi mdziko muno multi ma khothi solo ozenga milandu? Pena. Osewa anadyetsebwa city biniladeni ndi envulipou kodi mlandu umaona zaka za munthu? Malume Santa Ali zaka 65.
Nkanakonda anthu ambili akanavera statement ya kameloni yokhudza panama papers.
Pali be ndi Malawi mmodzi anagwidwapo pa kashgeti anti pot I ndi mabwana. Ngati sakunya?

Joshua
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Joshua
5 months 18 days ago

Kuchitekete, Achalume, Anyamata apa tauni. Odziwa kusolola.

Jenala
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Jenala
5 months 18 days ago

UDF supporters want Muluzi to be set free. Sorry, he has to account for the money. you can delay justice, but you cant run away

Jenala
Guest
Jenala
5 months 18 days ago

The judiciary is independent. APM has nothing to do with the case.
Muluzi has to justify how he got the K1.7 billion. There is no politics involved. Muluzi has history of stealing. He stole 6 pounds in 1969.

phindu
Guest
phindu
5 months 18 days ago

Amangidwe basi…..!!!

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