Court rejects Cashgate case suspension: Mphwiyo, others to face trial from June 15

The High Court has thrown out an application to suspend the hearing of the infamous K2.4 billion Cashgate pending determination by the Supreme Court of Appeal on whether the lower court has powers to hear the case or not.

Mphiwyo (left) and his lawyer coming out of court -Photo by Lisa Kadango
Case to answer: Cashgate suspect Mpoola coming out out court.-Photo by Lisa Kadango
Mphwiyo (left) with his lawyer to start entering defence on June 15-Photo by Lisa Kadango

Judge Esmie Chombo has since set June 15 as the beginning of the trial of the case.

This was after Chombo found former Budget director Paul Mphwiyo and 18 others with a case to answer of embezzling the public money at Capital Hill seven years ago during the reign of former president Joyce Banda.

“The hearing of the case will continue even if the appeal might be heard at the Supreme Court,” she said.

The cashgate suspects applied to the High Court for a stay order to postpone the hearing of the case in the High Court soon after the court found them with a case to answer in the high profile K2.4 billion plunder of public resources.

The lawyers wanted the Supreme Court to rule whether the High Court is the right jurisdiction to hear the case.

“May we stay these proceedings and wair for Supreme Court of appeal ruling,” said lawyer Andy Kawonga representing the defendants.

But director of Public Prosecutions Mary Kachale has told Judge Esmie Chombo to throw out the application describing it as “delaying tactics” so that the suspects remain on temporary freedom.

One of the suspects, who was not represented by a lawyer asked the court to explain the ruling to him, saying he did not understand it while another one asked the judge why she made the ruling based on the group instead of focusing on each suspect.

Judge Chombo has since set a two weeks trial starting from June 15, saying if the fresh presidential elections  in no ton June 23 the case shall proceed the whole of the week up to June 26 200.

Should there be elections on June 23, the judge said the trial will move the week after beginning June 29.

Mphwiyo is the most high profile face in the K2.4 billion trial that also has former Accountant General David Kandoje, Steven Phiri, George Banda, Michael Mphatso, Samuel Mzanda, Andrews Chilalika, Auzius Kazombo-Mwale, Clemence Madzi and Roosevelt Ndovi.

Others are businessperson Stanford Mpoola, Fatch Chungano, Symphathy Chisale, Cecilia Ng’ambi, Stanley Mtambo, Gerald Magareta Phiri and Ndaona Satema.

Businessperson Limumba Karim, who jumped bail and is a fugitive in South Africa will be extradited to face the trial in Malawi.

One of the suspect, Maxwell Namata died.

They were charged with conspiracy to defraud government, holding property belonging to government, theft, money laundering, fraudulently issuing 24 cheques worth K2.4 billion, abuse of public office and usage of proceeds of crime.

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Phwisa
Phwisa
9 months ago

But why is Chakwera and Chilima avoid mentioning cashgate in their campaigns. Why, Why.

Malemu Pitala
Malemu Pitala
9 months ago

Why do these cases take so long yet someone stealing chicken goes to jail right away? They should also be joined by Pumbwa for the K145million bribe and Mpinganjira for attempting to bribe High Court judges.

Moya
Moya
9 months ago

Good job Mary kachale, this will be your legacy.

Bauleni
9 months ago

Mbava za Tonse Tiluza alliance

Popi
Popi
9 months ago

Joyce Banda’s boys who stole so much money need to be in jail.

Bamusi
9 months ago

Abwenze ndalamo izo with interst or wakundende 20 years basi sizonyengererana apa anthu inu mwatikwana.

mulopwana
9 months ago

Payback time.

Shatta
Shatta
9 months ago

If indeed they stole government’s money, these people need to be locked up if proven guilty.

Same should follow the current DPP regime of thieves which has been stealing government’s money with impunity. After 23 June, they should not only be given amnesty but must be locked up. The DPP crooks have caused so much suffering to the many Malawians.

Examples must be set for others in future.

Nematodes
9 months ago

Is the position of Accountant General a senior position in the Malawi government? Who is senior- Paul Mphwiyo or David Kandoje?

nafundo zalo
nafundo zalo
9 months ago
Reply to  Nematodes

azibambo oyenda ndi ma pilocase odazaza ndi ndalama mma car boots

Supreme Court
Supreme Court
9 months ago

The matter has been before the courts since 2013 seems right it should proceed now no more delays Plead Guilty spend time in jail your leader APM will pardon you before he looses the election. If you don’t the new Government will wish to make an example of you.

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