Kamudoni sets 439 questions for ex-Malawi Army chief Odillo Cashgate case: Kauwa discharged posthumously

Lead prosecutor Kamudoni Nyasulu in a Cashgate case involving former Malawi Defence Force (MDF) Commander General Henry Odillo and other former senior military and government officers has told High Court in Lilongwe that he has prepared 439 questions based on over 500 documents related to the case.

Lead prosecutor Nyasulu: I have 439 questions
Kandonje and defence lawyer Moses Nkhono and other coming from court after adjournment. -Photo by Mphatso Nkhoma, Nyasa Times
Odillo after courty appearance on Monday.-Photo by Mphatso Nkhoma, Nyasa Times

Nyasulu said the documents where he has more questions were submitted to court in respect of the first witness, Harry Chawinga and will be done by Thursday.

He disclosed that the other two witnesses are Brigadier general Chaona from Kamuzu Barracks and Lieutenant colonel Chizungu.

Nyasulu then asked the court to consider excusing the two from coming ton court during this sitting as they might just spend some precious time waiting for their turn after the first witness’s cross examination on Thursday.

According to Nyasulu, Brigadier Chaona is the in charge of the MDF human resources and his absence from work for a period of one week will greatly affect the operation of his office which is directly involved in the accident logistics.

He further told the court that, the other witness Lt. Colonel Chizungu is studying at Mzuzu University and said is expensive to keep him as the State seems not sure of on when he can start giving his testimony

“If we finished examination in chief, it is unlikely that cross examination will be concluded by end of Thursday. I, therefore, apply that your lordship excuses them on this basis and they be recalled when required,” Nyasulu said.

Presiding judge, Zomba-based Justice Dr Redson Kapindu granted the prayers.

Meanwhile, the court has also discharged lawyer Ian Malera from the case after the death in August this year of his client who was second accused person in the case, Lt. Colonel Nelson Kauwa Banda.

In his application, Nyasulu told the court that, late Kauwa Banda needs to be formally dropped from the case as per law and discharge his lawyer Malera.

“Obviously by law the case against deceased abates upon his death but only against him personally. The bar would like to put it on record that it expresses the deepest respect to the deceased and heartfelt condolences to the family,” said the lead prosecutor.

The court on Tuesday is expected to make its stand on the alleged newspaper article which the leading defence lawyer, Titus Mvalo SC complained that it was published last month painting the image of the accused persons as already guilty even though it’s the court duty to determine such matters.

Mvalo, who complained of the said newspaper article which he said also was highly commented in the social media, has been asked to provide a copy of the publication to the court so that it appreciates the contents before it add its weight on the matter.

Odillo, alongside his former deputy Clement Kafuwa, Ganizani Sionga Kuchombo and former Accountant General David Kandoje are accused of multiple charges of fraud and corruption.

They face seven counts of corruption, negligence and money laundering-related charges over alleged illegal payments amounting to close to K2 billion made to a military supplier as part of over K24 billion public embezzlement scandal of 2013 known as Cashgate.

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