Malawi coup suspects appear in court

Eight suspects arrested after President Bingu Mutharika voiced fears of coup appeared before Lilongwe High Court Thursday afternoon where their lawyers submitted an application for bail.

Malawi Defence Force head of intelligence, Brigadier General Cosgrave Mituka, Major General Mathews Chirwa, former army commander Joseph Chimbayo and ex-Inspector General of Police Joseph Aironi looked composed in the dock.

United Democratic Front (UDF) Secretary General Kennedy Mwakwangwala, senior UDF executive member John Chikakwiya, former commissioner of police Mathews Masoapyola and Head of Military Airwing in Zomba, Jack Mtende were also composed in the dock.

The eight have been charged of treason.

State lawyers led by top prosecutor Wezi Kayira and assisted by Mtamandeni Liabunya and Steven Kayuni prayed to Justice Elton Mawina Singini not to allow the suspect be released on bail to a maximum of 14 days.

The lawyers said the state wanted to complete its investigations and feared the suspects would tamper with evidence if released.

However, defence team led by Ian Malera and supported by Wapona Kita, Ian Nankhuni and Julius Nyambo argued for bail to be granted under relying on section 42 2a and 2e of the constitution.

Malera submitted that that: " the fact that state has effected the arrest, it meant they were through with investigation."

The defence also objected to two documents tendered by the state as affidavits saying they were not properly certified therefore not permissible in a court of law considering that the matter is criminal.

One of affidavit, a hand written letter purportedly addressed to MBC informing them of the claimed coup, was not clear and some text missing, argued the defence.

In the letter, it was mentioning of a meeting, which took place on June 6, 2008 when the date has not yet reached.

The defence lawyers also argued that the court was not told that any of the eight suspect were not co-operative, and therefore to say they will tamper with evidence is not plausible.

Justice Singini reserved his ruling until Tuesday next week at 9am.

Scores of sympathisers at the court were booing and chanting songs of ridicule, which mentioned foul-mouthed government spokesperson Patricia Kaliati and ‘Mose’ in reference to President Mutharika.