The Mzuzu Magistrate Court has unconditionally discharged an Immigration Officer and a bank teller after the State prosecutors failed to bring evidence or parade witnesses, Nyasa Times has leant.
In October 2012, Fiscal Police arrested 27 year old Daniel Chitokoseni, a low level Immigration Assistant and 25 year old Stella Kamsiya, a bank teller for Malawi Savings Banka Bank on allegations that they conspired to steal MK70,000 belonging to the Malawi government.
Senior Resident Magistrate Austin Banda also ordered the immediate upliftment of their bail bonds.
As part of their bail Bond, the duo paid MK15,000 cash each, produced two sureties each bonded at MK10,000 not cash and were required to report to Police every Monday.
“The discharge means these people are now free and are not legally bound to the state anymore,” Mzuzu based prominent lawyer Christon Ghambi of CHRAM Associates told Nyasa Times in an interview.
According to the state, Chitokoseni and Kamsiya on 21st August, 2012 at Mzuzu Immigration Office in Mzuzu, being persons employed in the public service…received or had in their custody or under their control money amounting to MK70,000 the property of Malawi and were unable to produce the said money to their employer or make due account there for.
But when the matter went for trial, Fiscal Police failed to bring evidence to the court saying they had the transferred the case to Director of Public Prosecutions (DPP) in Mzuzu.
On the second hearing of the case, the Mzuzu DPP team also told the court they had again transferred the case to their colleagues in Lilongwe.
And on another day of hearing the DPP Lilongwe office told the Court that they were not ready, prompting the court to set another day for the hearing but with a stern warning that if the state fails to bring evidence, then the duo will be discharged.
But the DPP failed forcing Senior Resident Magistrate Banda to discharge the suspects.