Former Minister Msukwa was handcuffed whilst on wheelchair – ACB tells court
The Anti-Corruption Bureau (ACB) on Monday reluctantly admitted that it handcuffed the disgraced former Minister of Lands, Housing and Urban Development, Kezzie Msukwa, handcuffed whilst on a wheelchair at Partners In Hope Clinic in Lilongwe.
ACB Chief Investigator, a Mr. Nkhoma, was responding to a question from Msukwa’s lead counsel, Chimwemwe Kalua, during the judicial review hearing in a case where the former minister and Ashok Nair, are answering corruption charges.
Nkhoma told the court that they followed Msukwa from Discovery Clinic up to Partners in Hope Clinic because investigators were duly updated on all developments that transpired from the morning of 31st December 2021 through the time of his arrest.
He narrated before High Court judge Professor Redson Kapindo how medical personnel at Partners in Hope forced the investigators to unchain Msukwa from the drip stand after arguing that it was not possible to conduct examination and administer treatment to a patient whilst in handcuffs.
He added that a warrant of arrest was issued while Msukwa was at the hospital.
When Kalua quizzed him if Msukwa was informed of the existence of his warrant of arrest as required by law, the ACB Investigator was at pains to explain what actually transpired and did not give a definite answer.
He was at pains to explain how the information from National Crime Agency (NCA) was being used while there is no such formal agreement known to parties at the material time.
The ACB Chief Investigator was also asked if he had any knowledge that DPP gave consent prior to the arrest to which he said it was beyond his jurisdiction.
On his part, Msukwa told the court that he felt unwell on his way to present himself at ACB Offices in Lilongwe on 31st December 2021 and decided to visit the nearby clinic in City Centre (Discovery Med Clinic).
He said medics recommended bed rest at home and that on his way home, he started sweating profusely occasioned by heart palpitations, which forced him to seek a second opinion at Masm Clinic in Area 12 and later went back to Discovery Clinic, which referred him to Partners in Hope due to his deteriorating medical condition.
Lawyer Lughano Mwabutwa, another lawyer representing Msukwa, told the court that he was updating ACB investigators via phone calls as well as in person on all the developments surrounding the health of the then wanted Msukwa.
Kapindu has since adjourned the matter to Friday, 25th March 2022 when lawyers for the claimant and respondent will submit written submissions and thereafter a Judgement Day shall be set.
ACB Director of Legal Services Steve Chiwala is representing the Bureau.
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