The Lilongwe senior magistrates court on Tuesday turned into a legal battle ground as lawyer for former Homeland Security deputy minister Charles Mchacha and former Lands minister Symon Vuwa Kaunda prayed to court to dismiss the proceedings, saying they were irregular.
Lawyer Chancy Gondwe told the court to dismiss the current proceedings saying the application by state to commit the case to High Court is misleading.
But the State prosecution team has dismissed Gondwe’s arguments saying Reyneck Matemba’s contract was on month to month bases and it expired on January 31 and not December 31 as put by Gondwe.
The State further says the defendants team did not do enough research and has wasted Court’s time by telling it that Anti-Corruption Bureau (ACB )has no Director General , saying ACB has acting DG.
Further, the State insists the matter was referred procedurally.
Meanwhile, the State has prayed that objections by defendants be dismissed as they are a time waster to the court.
The State gave a background of the case to Magistrate Shyreen Chirwa, saying Magistrate Viva Nyimba referred the case because at the time there was no consent from the Director of Public Prosecution.
State pleads that the case be committed to the High Court for trial .
Gondwe disagrees with the transfer of the case from one magistrate to another saying the process used is irregular.
He says there is a procedure to be followed under Section 73 subsection 1 and 2 of criminal proceedings where the magistrate trying the matter can adjourn and transfer the case to any subordinate court before enquiry and trial.
He says in this case there is no record that Nyimba directed that the matter be transferred to another magistrate court.
Gondwe says the transfer has been irregular.
He further says the ACB has no authority to prosecute cases when it has no Director General and Deputy, not even someone in acting capacity.
Gondwe has since prayed to the court to dismiss the current proceedings saying the application by state to commit the case to High Court is misleading.Follow and Subscribe Nyasa TV :