Former spy chief, ICT guru case stalls again: State not ready to prosecute

Former state spy chief Kenam Kalirani and former State House ICT guru Chancy Chingwalungwalu have again  Monday failed to take plea  on government computer theft case because the prosecution was not ready.

Malawi Police prosecutors led by Director of Prosecution Dr. Mwayi Kalua of Police who was absent at the court and represented by Prosecutor Sub-Inspector Chande asked the Court to give them more time before they start prosecuting .

In a previous court session two months ago, State asked for  30 days adjournment citing they were not ready and through with investigation.

Senior Resident Magistrate Viva Nyimba gave the State 62 days instead of the30 days they requested — for them to be prepared well in readiness for commencement of the trial.

On Monday the State had  asked for an extension of the two weeks  as they are still not ready with prosecution.

Both Kalirani and Chingwalungwalu were present at the court in the morning when the case was adjourned to December 17.

Former National Intelligence Services boss Kalilani and State House ICT guru are accused of stealing government intelligence computers during the Democratic Progressive Party (DPP) rule which abruptly ended on June 23, 2020 following a court ordered presidential election which ushered in a Tonse alliance government under president Lazarus Chakwera.

The court said the two suspects will take plea when the court reconvenes for the case on December 17, 2020.

State Prosecutor Moja Phiri, told the Court during bail hearing on 10th August that they were through with investigations and the evidence they had was overwhelming to slap the two with life imprisonment.

During investigations, it was established that no computers nor intelligence systems were stolen. Surprisingly, the police went ahead to arrest the two and as to where the accused stole the computers and intelligence systems it remains a mystery to date.

The State to date has not been able to provide the Court and the defense team with disclosures which the court asked for.

The computers which were confiscated from the first accused who was former Head of Intelligence was a result of misleading and false intelligence by one  of NIS officers  who saw the computers at the first accused house but did not have any factual details of the ownership of the computers.

During investigations, the police were provided with a copy of a personal cheque which was used to buy these computers and it’s on record that these computers were never for NIS nor State Residences yet the State accused the two of stealing computers in June 2020 when they were bought two months before the alleged stolen time.

Observers says it is very clear that the State has no case levelled against the two and they are now playing cat-and-mouse games as a way of buying time and delaying justice in the process for the two accused.

The defense team led by Mada Kausi and Counsel Chiwaya  during the last court appearance on 31st August, 2020, asked the magistrate to dismiss the case until such a time when the State is ready.

However, Senior Resident Magistrate Viva Nyimba said there was no need to rush in dismissing the case as it tackled matters to do with intelligence.