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.

Chingwalungwalu (left) and Kenam Kalirani at the court

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.

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Zamanyazi
Zamanyazi
7 months ago

Ine ndinkadabwatu ayi 14 days ayi magestrate wasowa ayi mubwelenso mlandu tikufufuza, mubwelenso mwezi wamawa nkhani inali ya receipt eti hmmmm

Bles
Bles
7 months ago

Koma pena mulungu azitikhululukila ife nde tinalankhula zonyoza kwambili osadziwa kuti zinali zongocheza shaaaaaa

Pros
Pros
7 months ago

I saw these guys being bundled into a police cruiser like a bunch of bananas nde mukuti all that drama was just a script??

The investigator
The investigator
7 months ago

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 ??

Ariana mkandawile
Ariana mkandawile
7 months ago

Nanga zoti the state has overwhelming evidence zija zapita kuti

Ariana mkandawile
Ariana mkandawile
7 months ago

Paja munkati the charge at hand upon being convicted would result into life in prisonment

National Ceo
National Ceo
7 months ago

Poor investigative skills

Benjones87
Benjones87
7 months ago

Fishy very fishy. We are watching

Mwini muzi
Mwini muzi
7 months ago

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.

Mulopwana
7 months ago

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

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