The High Court in Lilongwe has maintained bail conditions for former Minister of Finance budget director Paul Mphwiyo who is charged with theft and money laundering K2.4 billion Cashgate related charges but warned him against contacting State witnesses.
The State applied to the court to consider revoking the bail of Mphwiyo, claiming that the suspect has been intimidating prosecution witnesses not to testify against him in the case.
Director of Public Prosecution (DPP) Mary Kachale asked the court to send Mphwiyo behind bars for approaching State witnesses Leonard Kalonga (Cashgate convict), Francis Zhuwawo and chief economist Daniel Jenya
But presiding judge Esmie Chombo warned Mphwiyo not to breach his bail conditions which include not to contact any State witness.
The judge said she would only caution Mphwiyo and warned that is he or any of his intermediaries contact sny witnesses, he risks being jailed.
“Failure to abide by tis caution will result in bail being revoked and the respondent to stay in custody until the completiton of the case,” ruled Chombo.
Mphwiyo, former accountant general David Kandoje and one Auzius Kazombo-Mwale and convicted civil servant Maxwell Namata denied various counts, including conspiracy to defraud, theft by a public servant, theft by a servant, negligence and money laundering, among others.
Others who pleaded not guilty to related charges were Steven Phiri, George Banda, Michael Mphatso, Samuel Mzanda, Andrews Chilalika, Clemence Madzi, Rosevelt Ndovi, businessperosn Stanford Mpoola, Fatch Chungano, Cecilia Ng’ambi, Gerald Magaleta Phiri and Ndaona Satema.
In October 2015, the court granted Mphwiyo bail on a K10 million bond, his house in Area 43, four sureties amounting to K2 million each and that he was ordered to surrender his passport to Anti Corruption Bureau (ACB) and seek permission from the graft busting body if he wanted to travel outside Malawi.