DPP amends charge for ex-spy chief, IT guru: Cleared on theft, now accused of ‘failing to take a receipt’
Director of Public Prosecution (DPP) Mary Kachale has cleared former head of Intelligence Kenam Kalilani and his co-conspirator, former State House chief ICT officer Chance Chingwalungwalu of stealing an intelligence computer in the case the two are suspects of theft of intelligence systems and four computers in June this year.
A confidential document from the Office of Director of Public Prosecution to different agencies and departments (MDAs) which Nyasa Times has seen, the two did not steal the four computers as purported, rather a false informer mislead the security agencies resulting in the arrest of the two in July this year.
Nyasa Times comprehends that the Director of Public Prosecution has advised to law enforcers that the two can be prosecuted for failure to take a receipt after purchasing the computers from one of the supplier in the capital, Lilongwe.
When Nyasa Times contacted lawyers of the two accused; Madalitso Kausi of Doreen and Cuthbert Lawyers and William Chiwaya on the new developments, they expressed shock that in the first place, their clients were suspects of theft and that the case has failed to start with several adjournments only to hear that the state now wants their clients to be charged with failure to take a receipt.
“To my best understanding, I recognize that my clients were arrested for theft of computers and intelligence systems and the case was even been associated with treason , my clients have not been charged despite over four appearances in the courts to date, we already asked the court to dismiss the case to avoid wasting tax payers money as the State has told the court that it was not ready to start prosecution this case only to hear rumors that the state wants them tried for failure to get a receipt as per DPP proposal, this is pure witch hunt and political harassment for my clients having worked with the previous government,” Kausi told Nyasa Times.
Kausi went on to say that his clients requested for the receipt as per the Malawi Revenue Authority requirement when the four computers allegedly stolen were bought as the costs of purchasing them were inclusive of VAT but since the transaction was done using a post-dated cheques, an arrangement was that the receipt would be collected after the cheques was cleared.
But he said with the busy schedule , his client failed to go back and collect the receipt as he was out of Lilongwe for month and he cannot collect it now as this would be seen as manipulation of evidence.
In a previous court appearance on November 2, 2020, prosecution team led by Dr. Mwabi Kalua of Police headquarters who was absent but represented by Prosecutor Chande asked the court to give them more time, before they start prosecuting the case
Senior Resident Magistrate Viva Nyimba adjourned the matter to December 17.
Ine ndinkadabwatu ayi 14 days ayi magestrate wasowa ayi mubwelenso mlandu tikufufuza, mubwelenso mwezi wamawa nkhani inali ya receipt eti hmmmm
Koma pena mulungu azitikhululukila ife nde tinalankhula zonyoza kwambili osadziwa kuti zinali zongocheza shaaaaaa
I saw these guys being bundled into a police cruiser like a bunch of bananas nde mukuti all that drama was just a script??
So moja phiri can you explain to us what you meant that the state had recovered the stolen computers and software in question from both suspects ??
Nanga zoti the state has overwhelming evidence zija zapita kuti
Paja munkati the charge at hand upon being convicted would result into life in prisonment
Poor investigative skills
Fishy very fishy. We are watching
The lawyers say the arrest was political and witch hunt simply because the two worked in the previous government. With these turn of events, it leaves some people to believe that ACB and the Police have a gap in their investigation skills.
Waste of court time, our reaources and that these guys will be compensated dearly. Stupid arrrest. Why arrest pple when u have no evidence. This is why prosecution in court takes long. I say arrest only whe n all evidence is in place and not otherwise. Judges lets follow this procedure