The Anti-Corruption Bureau (ACB) has said it is still interested to take ruling Democratic Progressive Party (DPP) organising secretary Richard Makondi and his co-accused business person Mohammad Kassam of Globe Electronics to court in a corruption case and has applealed against an order stopping the bureau from prosecuting the two.
The graft-busting body failed to execute a warrant of arrest for Makondi and Kassam which was issued by the High Court alleging that Makondi, then a Toyota Malawi employee, conspired to use the public offices of Malawi Defence Force to the advantage of Toyota Malawi contrary to Section 35 as read with Section 25(b) of the Corrupt Practices Act.
Kassam obtained a stay order from the High Court restraining the bureau from questioning him.
However, the stay order was vacated after ACB filed documents with the court on January 23 2017 and Kassam appeared before the bureau for interviewing.
ACB is pressing charges to Makondi and Kassam of conspiracy to defraud and money laundering contrary to Section 404 of the Penal Code and Section 35 (1) (d) of the Money Laundering, Proceeds of Serious Crimes and Terrorist Financing Act.
But the two applied for leave for judicial review of the director of ACB to obtain warrant of arrest against them.
Controversial High Court judge Kenyatta Nyirenda issued a permanent order against ACB not to prosecute the duo.
But ACB chief prosecutor and deputy director Reyneck Matemba said they have appealed to Malawi Supreme Court against Judge Kenyatta Nyirenda’s order, arguing the judge made one to many material errors in law.
“The judgement cannot reverse what had already been done,” reads the appeal arguments in part.
ACB argues that judge Kenyatta Nyirenda erred by enquiringly into a criminal matter other than according to the Criminal Procedure and Evidence Code and reviewing the decision of the ACB when the now operative decision was that of the magistrate.
The judge also ignored the fact that the decision of ACB had been legitimised by the Magistrate.Follow and Subscribe Nyasa TV :