Judge in Muluzi case fails to deliver judgement

High Court judge Maclean Kamwambi on Tuesday failed to turn up at the court in Blantyre to deliver a landmark judgement on whether former president Bakili Muluzi should be freed on the so called K1.7 billion corruption case or not.

Judiciary spokesperson Mlenga Mvula said Kamwambi was in Lilongwe attending a week long meeting.

The judge set Tuesday when he was supposed to deliver the judgement following an application from Muluzi lawyers that the case be struck off because if  the decision by Anti-Corruption Bureau  lawyers to recuse themselves from the case.

However, last week the ACB said the graft busting body was not pulling out of the case and asked the court to give the state four weeks to put their house in order to restitute the prosecution team as they identified other lawyers to take over the case which has dragged for over 9 years.

ACB is in the process of re-engaging private practise lawyer Clement Mwala – who handled the case in the past – to take it up.

Defence lawyers Tamanda Chokhotho and Jai Banda maintained their plea for court to discharge Muluzi, who ruled the southern African country between 1994 and 2004,  and his co-accused, his former personal assistant Lyness Violet Whisky, saying whenever the State will be serious and organised, they can re-open the matter.

“It is the law of justice and fairness,” said Chikhotho.

He pointed out that the State is failing to proceed with the case due to “ internal lapses and misunderstanding.”

Muluzi and Whisky stand accused of diverting at least US$ 13 million of what the State had claimed was donor money meant for various government development projects to his personal accounts.

He denies the charges, and vehemently alleged they were pressed on him for political persecution by his successor Bingu wa Mutharika.

Financial experts say donor money cannot be easily deposited into a personal account.

Mvula however has not indicated as to when the judgement would be delivered.