Muluzi to seek medical help in Britain after court allows him to travel

High Court in Blantyre has permitted former president Bakili Muluzi to travel to Britain to seek medical attention after the state seized his travel documents preventing him to travel.

Muluzi is being prosecuted on K1.4 billion money which he received as donations for his UDF party from Libya and Taiwan when he was President from 1994 to 2004. The money paid under his name was being deposited in his personal account.

Judge Justice Joseph Manyungwa on Friday ruled that Muluzi can go to UK for medical check-up provided he should furnish the court his itinerary in UK and the date of his return to continue standing trial.

Anti Corruption Bureau (ACB) prosecuting the former president, stopped him last week from travelling when they seized his passport after Chief Immigration Officer, Elvis Thodi said in a sworn affidavit that he received an anonymous call that Muluzi will bolt.

Muluzi refuted the claims in court papers: “I have vast interests here; I have family here and, besides, I am the former president of the Republic of Malawi, so why should I bolt?”

Justice Edward Twea on Wednesday agreed with the former president and could not attach any weight to anonymous evidence as credible.

“I find no reason that the accused person will abscond,” Twea said, adding: “I therefore order that he must execute a bail bond of the sum of 50 million kwacha, not cash.”

Delivering his ruling Friday in his chamber, Justice Manyungwa said the bond has settled the issue on whether Muluzi will abscond or not saying if indeed he will bolt, then the bond will be effected and his property seized.

“In default, the state will be at liberty to crystalize the bond and seize the property,” Justice Manyungwa said.

Muluzi’s lawyer Jai Banda said he was “relieved” that the court has allowed his client to go for medical check-up and that his condition was “worsening” since the state stopped his earlier travel.

Banda disclosed that the former president will depart Malawi for Britain next week Wednesday.

He is expected back on September 1 depending with doctor’s recommendations on his health status.

“The former president needs to seek expert medical help so that he can be fully fit to attend trial. He will be accompanied to Britain by his guard commander and three family members,” said the lawyer.

The anti-graft body briefly arrested Muluzi in 2006 on 42 counts of corruption, but all the charges, except for the K1.4 billion donor money, were dropped for lack of evidence.  

The then ACB director Gustav Kaliwo summoned the former president to the Bureau’s offices in Blantyre where he was slapped with a charge relating to this issue. 

Soon after that, Mutharika suspended Kaliwo who later resigned. A few days later, the then Director of Public Prosecutions, Ishmael Wadi, issued a discontinuance certificate. Wadi was thereafter forced to resign. 

Government claims that the former Malawi ruler diverted donor money from Taiwan and Libya into his personal, private bank account in Zomba. 

However, the Taiwanese and Libyans who had embassies in Malawi when Muluzi was president were all booted out of the country by Mutharika. 

Both the Taiwanese and Libyans were asked by the Mutharika government to testify against Muluzi by, among other things, signing sworn affidavits implicating the former president.  

When both the Taiwanese and Libyans refused to do so, Mutharika ordered their expulsion from Malawi. 

The lawyers for Muluzi have said the former president does not deny being a rich man, but that he was already a very successful businessman before becoming president. 

The government has never been able to show how Muluzi’s substantial personal estate was a result of self-enrichment through corrupt methods. 

Muluzi, who is yet to make a plea, denies any wrong doing.

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