Mutharika refuses to grant interview to ACB over TPIN abuse, claims it is ‘political witch-hunt’
In a dramatic twist of events, former President of the Republic, Peter Mutharika, has issued a statement expressing his “reluctance” to grant an interview to the Anti-Corruption Bureau (ACB) in connection with the alleged abuse of his Taxpayer’s Identification Number (TPIN) when he was in office.
Initially, the ACB had announced it intended to engage Mutharika on July 20, 2021. The Bureau later rescheduled the interview to Tuesday, July 27, 2021 because Mutharika had sought more time to prepare.
But in a statement issued on Tuesday, July 27, 2021, the former President raises some serious allegations against the ACB, including faulting the graft-busting body on legal procedures.
“In August 2020, the Fiscal Police questioned me under caution regarding the use of my Personal Tax Identification Number (TPIN) during the time I was the President of Malawi. The matter related to the unauthorized use of my TPIN in the importation of cement by other people. I issued a statement that clarified my position in that matter denying my involvement in the importation of cement.
“Surprisingly, the ACB who never questioned me in any way froze my accounts citing the alleged use or misuse of my TPIN in that transaction. You continued to keep the accounts frozen for over 270 days until you could no longer renew the Restriction Notice that froze the accounts. During that long period, I was not allowed to access the accounts even for my reasonable living expenses or to pay my bills,” APM writes, adding that he was neither charged nor informed why he was “subjected to that kind of treatment”.
Mutharika expresses gratitude to the courts for rejecting what he calls ACB’s “underhand tactics” following the Bureau’s application to seek a Preservation Order under the Financial Crimes Act to keep the accounts frozen.
Turning to the decision by the ACB to ‘interview’ him, APM, as Mutharika is fondly called by his adorers, argues the Bureau cannot interview him without informing him about the offences he has committed.
Mutharika claims the move is part of ACB’s “continued persecution and harassment” intended to humiliate and taunt him, psychologically.
“It is strange that an institution like ACB with accusatorial and investigative powers would seek to interview me without disclosing the nature of offences that I am accused of. In view of the previous conduct of the ACB towards me, I am reluctant to grant this interview.
“In my view, all this is a sustained political witch-hunt by a State institution. If I, as a former Head of State must be called to answer these questions, then fairness demands that every previous President and Vice President now living must be called upon to explain how their TPIN has been used,” demands APM.
He informs the ACB that for the cited reasons and out of courtesy to the Bureau, he will still listen to the questions “if you decide to proceed” but that he will exercise his right to remain silent unless he is informed that he has committed any offence.
APM concludes: “Thereafter, I will seek legal advice on how best to respond to the questions and it is only then that I may consider to respond to all or any of your questions”.
It is not yet clear what will ACB’s next move be following APM’s stand. The Bureau’s Principal Public Relations Officer Egrita Ndala had not yet responded to our questionnaire on the matter when we published this article.
In an interview, a legal expert, who could not be named, said Mutharika’s decision to refuse to be interviewed may work against him because he is losing an opportunity to explain himself with regard to the TPIN matter.
He said it is a standard procedure for law enforcement agencies to interview an individual in the course of an investigation merely to establish facts without informing them of an offence because they are deemed innocent until proven guilty.
“The reason that he should be told the offence he has committed first before being interviewed may be wrong. The decision to remain silent would be in exercise of his right, which is very much acceptable,” he said.
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The government is on the channel to follow Peter Muthalika for his corrupt deals and therefore,he is expected to be followed and quised about the government’s property.Nobody is above the law.You and your gone brother BiNGU Muthalika,have corrupted billions of government items for their own luxuries knowing very well that the items belonged to the government of the people,by the people and for the people.Peter and his dead brother,turned Malawi their Eswatini as the Monarchy controlled everything by the young Chief who controlled everything in the Kingdom.This is the trend that his brother Bingu followed.In fact,political persecution must continue as nobody is above the LAWS OF THE NATION.These two Muthalika rogues,must not be left free of persecution EVENTHOUGH,the other one is 6ft deep.LAW is LAW.
Ana achepa…..
He seems to be bigger than Malawi.
No wonder he was the master mind for midnight six.
Let Muluzi explain how his TPIN was used; the same with Joyce Banda. We know they imported campaign vehicles. Why focus on APM? Kodi a Martha Chizuma, ma file a cashgate akuchita fumbi, bwanji osayambira zimenezo. Phuma. Phuma.
Zuma is in the cooler just because of such type of arrogance, take to guy to court and give him 48 months for failure to comply. No one is above the LAW
Politics a side, the TIPN was abused. He must tell us whether he was aware or not. Period!! If not, then the people that abused it will be taken to task.
The toxic treatment of former heads of state, Kamuzu in hands of Bakili, Bakili in the hands of Bingu, Joyce Banda in the hands of APM, now APM in the hands of Chakwera. When will this end? We are tired of the drama in the name of justice. Is it a sin to be a former head of state in Malawi? Does this mean that Chakwera is next? The more things change, the more they remain the same.
Indeed why is ACB not inestigating 6.2 billion and 17billion kwacha? This does not however, suggest Mutharika should be spared but Malawians are equally interested in the way the money meant for COVID 19 was used.
Fiscal police already interograted him so if any other institution want information let it go to police and find out. In this regard it could be understood if the fiscal police has grounds to take APM to court only then APM would have no objection but to abide by that not the other way round
APM phee basi osatekeseka ndi m’ busa wachinyengoyi.Mtima mmalo anthu oipa amenewa opanda nzeru.Koma ndiye kuubusako zinalikotu.
arrest him and interrogate him in cell. wakana kudyera pambale akufuna kudyera pansi.
Please “Zuma” him.
Zuma in sa used the same tactic and is in jail as we speak – ndangodusamo ine!!
Well done a dadi. Political persecution in the name of corruption investigation must end. Why wasn’t Joyce Banda, saulosi Chilima questioned about their Tpin usage, why aren’t they investigating Covid funds gate
Did Joice or Chilima accused of any wrong doing??¿¿ if you’ve got any evidence bring it and report them to ACB so that they must be investigated forthwith
He refused to be interviewed, what is he afraid of??????
Disguising interrogation to interview :
ACB are intending to interview APM under caution. This should be treated as interrogation :
RULES OF INTERROGATION
1. Only until they have cautioned the suspect ( for the purpose of gathering evidence)
2. In this scenario the Police already interrogated APM in 2020 and hence this second interrogation lacks essence apart from jublication to what the Police already did.
3. If ACB Want evidence as it appears here, they should collaborate with the police and obtain information which is held by Police when he was interrogated by them in 2020.
4. If police failed to gather adequate evidence which can stand in court of Law, then ACB should stop this harrassment and let APM have his peace.
Bakili was arrested by ACB for interrogation at their premises. What is special about Peter Mutharika? APM should tread carefully as ACB can Zuma-rise him. Let Peter take a leaf from what happened to Zuma.
Nkhuku ziwili
Nkhanga ziwili
Mazila 6 that Balaka guy and 3 yes improvement with hard labour kuti ena atengetepo phuzilo. The statement went like this.
I 100% agree with you brotherman these MCP led government has lost direction they don’t know what they want. They’ve failed to deliver what they promised now they start persecutions
His statement does not qualify as defense not to be questioned. He is a suspect in criminal underhand dealings. Arrest him and he be questioned at a police station period. No one is above law.
Does ACB have powers to Arrest him!! If ACB have no authority to arrest him, it will be ultra vires for them to execute such an act.
The police interrogated him in 2020 and I presume the evidence they gathered was shallow to stand in court.
You do not just arrest someone because you want to do so, otherwise that arrest alone will be unlawful and malice arrest.
Only bodies who have authority to arrest suspects can do that. I doubt if ACB is near to having those powers and duplicating police duties
Is Joyce Banda above the law? What about awo adya ndalama za covid, za latest but nothing is happening. This ACB is nothing but a trush and I doubt kuti awa mumayamikira a Thief a ACB anyuwani wa alinos useless. She has to be independent and exercise her duties diligently opanda interference ya boma. But apa its very clear, she is being used by Tonse Alliance govt. APM has done the right thing, period.
They should arrest him for what? Why not arrest those that stole covid-19 money? You must be joking
What is he defending himself against?
In trying to disagree with him,you are agreeing with him.
Perfect talk…
Bwabwalala peter must really be questioned.
Anatumbwa Kwambiri now must face the law…
ACB,tiyeni nayo…
He says,you must equally questioned x presidents&boss,why?
There is no TPIN issue during Bakili,JB….Khumbo tenure.
Imwe amudala imwe,mina nkhani ya too much cement bags and Chisale also used your TPIN..ndipo pali nkhani apa iwe petala.
Please let’s call a spade a spade,you failed to drive Malawi
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Za ziii