Malawi court asked to discharge ex-president Muluzi: Lead prosecutor withdraws from case

May 5, 2016 Owen Khamula –Nyasa Times 39 Comments

Lead prosecutor in the ongoing ‘K1.7 billion’ ($2.5 million) corruption case involving former president Bakili Muluzi have withdrawn from the high profile case, prompting the defence to ask Judge Maclean Kamwambi to discharge Muluzi using section 247 (1) of the of the Criminal Procedures and Evidence Code and Section 11 (c) of the Courts Act.

Muluzi: Malawi former president case falling apart, his lawyers asks for discharge
Muluzi: Malawi former president case falling apart, his lawyers asks for discharge

The surprise turn of events happened when the court met Thursday at the High Court in Blantyre.

Anti Corruption Bureau (ACB) deputy director Reyneck Matemba who is the lead prosecutor  asked Judge Kamwambe to stand aside from the case just as the court session was to start.

His opting out leaves Imran Saidi as the only state lawyer as Clement Mwala’s contract which expired last week has not been renewed.

Since trial resumed on April 11 2016 over K100 million has been deducted from the K1.7 billion Muluzi and his co-accused, Lyness Violet Whiskey, are accused to have fraudulently acquired.

Whiskey is a former personal assistant to Muluzi and was handling bank transactions like deposits of the former president when he was in power.

Government initially claimed Muluzi’s corruption case stemmed from donor money in his account but former president has always denied wrong doing saying no foreign country would deposit donor money in a personal account.

He claimed the case was trumped up for political reasons.

Since the nine-year-old case resumed on April 11 2016, the defence expressed optimism that the figures will be deducted to zero from the K1.7 billion.

After prosecutors asked to quit the case, apparently due to lack of objective material evidence,   Judge Kamwambe went ahead and granted them the application, signalling that the state has abandoned the case.

Judge Kamwambe pointed out that the state prosecution “ is in total disarray in this case.”

“Before I make my own opinion on the matter let me ask the defence the application it wants to make,” he said.

Tamando Chokotho private practise lawyer for the former president Muluzi applied to the same court to discharge Muluzi and his co-accused Whiskey.

Chokhotho said the Criminal case number 1 of 2009 is facing with a blow  seven years down the line “where the future of the matter is uncertain.”

He said Muluzi and his co-accused have been facing “normal ostracism” from the society because of the case but they have all been ermined to vindicate themselves through the courts from any wrong doing.

However, the judge said he would make the ruling another day but asked for  state to be heard om May 12.

Chokotho said it was senseless to proceed with the case when the state had abandoned the case.

Muluzi governed Malawi from 1994 to 2004 when his term expired.

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39 replies on “Malawi court asked to discharge ex-president Muluzi: Lead prosecutor withdraws from case”

  1. The moment Atupele was appointed cabinet minister along side the midnight six, I prophesied that Bakili’s fraud case would be doctored and die a natural death. It has happened today.

    Malawi will remain a cursed country, courtesy of Muluzi. He hand-picked the Muntharika clan to protect him.

    Now we see the two families as allies in looting malawi publuc resources.

    As if that is not enough, our taxes will be paid to the thief for stealing from us.

    Am urging all the youth today to stand up and fight for Malawi.

    Saulosi Chilima wake up to see the writing on the wall. You don’t need glasses to see it.

  2. Komabe zili bwino. We want peace in this country. Komatu musayese kuti awa a malokowa tiwasiya. Paja amagawana ndi aja a tambla wakuda. Simungamange the father of democracy in Malawi. Kuchitekete bambo. Kumwera konse alhomwe ndi ayao, ma cousins, kuti manja wawawa. Uku ndikumene kumachokera olamula dziko. Kwina wa tambala wakuda kuja tabalimani fodya ndipo ku thengere tabasesani mmaofficemu.

  4. ambuye lowaniponi iphani onse oyipa achinyengo Malawi is suffering Malawi is crying Malawi is dying Bakili die today, Gwanda die too and so on

  5. Do will still wonder why as a country we are more poorer now than 20yrs ago? We are the poorest nation in the world? The same people who have been a real joke to our nation over the past 20yrs are at it again. “the Llomwe-yao elite thieves”. Unfortunately WB and IMF indicators (according to NSO) show dire poverty by the rural mass in this region compared to the other 2, courtesy to the selfishness of their tribalist kinsmens. It is not even the entire South Region nor all tribes/ families that is benefiting from such selfishness. Others as we saying do not even have a single bag of maize. But they will still be clapping hands at this farting woyeeeeee!!!!
    KOMA KA DZIKO KAMENEKO? NKOTEMBELELEDWA makamaka??????

  6. look at the name remaining Imran Saidi any justice here ACB what is this Malawians lets forget about 577 nothing will come out of this dollar inavaya basi

  7. Right that is all you would let us know from long waiting? No idea coz malamulo mukuwadziwa kale

  9. Then why do you condemn mob justice when you are failing to deliver justice? This is why Atupele has maintained working with clueless govt. Why do Peter claim to love your country when justice is failing? Mulungu simunthu. Be careful

  10. kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk.My CHAIRMAN.kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkndimunthu wankulu zedi. NDAKONDWERA mumawanamizira kuti asayime nawo pa 2009. kuchitekete..asaaaaaaah

  11. We all be like Achaye woye!!!! This is very surreal for Malawi ” so called democracy! ” We major in the minors by suppressing true justice by letting distinguish thieves roam free. We keep sweeping rubbish under the rug one day it will be exposed for the masses to see. Justice will continue to fail where Big fishes won’t face authentic justice at the expense of small fishes.

  12. What a waste of tax payers money..very infuriating.. now Muluzi must file for harassment and get money from the state. Heads must roll at the ACB. The nation knew that nothing will come of this case. We were watching n observing your pretence.. I need not say of the outcome if it was a case involving a poor person accused of stealing a bag of ngumbi..

  13. This is so stupid . .. so stop prosecuting cashgaters…. U mean u drop this case.. Let the poor languish…. God is seeing

  15. Zofunika PS wa Health, Dr. Mac Phil Magwira ndi Dr. Kumpalume anakakakwanitsa kupeza umboni. And Matemba, Victor Sithole nde changu kumumanga. Kkkkkkkk! This is injustice.

  16. We need any appology from state coz it lied to the whole world that it had overwhelming evidence against our former president. The state has failed to bring in donors who deposted the money in Muluzi’s account as key state witnesses, No any donor complained that Muluzi corruptly swindled their money. This case has exposed how cruel a desperate state can be. Its time now to reward Muluzi overwhelmly

  19. Fake reporters. …..17 years ago Atcheya was President. ..so how can the case have taken 17 years. Prosecutors should just drop the charges by the way….it has dragged on for too long….let the old an rest if you have nothing.

  20. Ndiye ena inu a chipani cha death and darkness muyesere mukwizingidwapo chabe apa. Ena ndi aja anzanu a Dzinyemba zidawavuta kale. Pakali pano tsono tikufuna ulowe wa treason, coup plot ya Jessie ndi anzake.

  23. Recommencement of the case was just a formality to blind Malawians that the government was serious with the case.All what is happening is govt plan dispose a case.Do you know why government loses cases anyway?Its witnesses are corrupted not to tender right evidence before the court or witnesses abstain from the court and the judge keep on adjourning the case and later he/she aquits the acused person.This is what will happen with Muluzi.I happened to attend one case where my neighbour was acused of stealing government vehicle.The case was brought before a judge at high court.The relatives of the acused invited the police officers who were handling the case and were given the money.When the case was taken to court these policemen never came to court to give the evidence.This happened for several times and the judge was tired with persistence of the police officers at the court and aquitted the acused

  24. ndani angafune kuti iye kapena ana ake aphedwe. bravo matemba udakali mwana,nkhani inakakuotcha manja iyi, mumalimbana ndi anthu oipa kwambiri, anthu aliyika ziko la malawi pamoto awa. azaweluza yekha mlengi. ndalamayo idyani muzayitengenso kumanda.

  26. This was expected. How could you arrest the father to the minister? This was a case of wisdom versus intelligence. This time round intelligence has won the case but GOD who is the author of Wisdom Knows it all and Remains the Best Judge.

    Thanks brethren

  27. O………………………………………………………………………………………………………………………………………………………………………………………………………………..O
    Some of us said this already . . .
    . . . This was the expected outcome of this case from the political marriage between the DPP and UDF.
    . . . But we never imagined the case could just be dropped as easily as this.

    Nanga . . .
    . . . How did the prosecuting team bring up the case when they knew they had no evidence? Or when, have they realised they have no evidence? Whom are they cheating?

    This abject and careless miscarriage of justice is not at all inspiring, particulary when a country has a full professor of law for a president. We expected him to be different. Alas!
    . . . In the first place, that political marriage was not necessary. And thus, the case should not have been dropped as unceremoniously as this.

    If henceforth, you hear someone saying, “No one is above OR below the law”, either tell them “Go to hell” or ” Not in Malawi.”
    O……………………………………………………………………………………………………………………………………………………………………………………………………………..O

  28. “Anyamata a patauni!” “Koma mumandidziwa bwino bwino?” Nkhani yabwino

  31. Fire prosecutors involved in the case. Why does it take 11 years to realise the government has no case?
    Let Bingu’s Estate pay damages if any
    IF the government is sued,
    Fire Peter Mutharika’s government

  32. Good development, better than further wasting tax payer`s money. Mob justice ndi deal ndi pompo pompo.

  34. Taking Malawians for fool! When all criminals hiding behind the state are removed from such positions, justice will be melt for the victims of man-made poverty and man-made deaths which are a result of rampant corruption instituted by this man.

  35. Kuchitetekete bamboo !!!!!! Atcheya wooooooooooyeeeeeeeeeeehhhhhhhhhh!!!!!!!!

    wachiyao wangalusa hhhhhhhh…..

  36. HAHAHAHAHAHAHAHAHA,munthu wamkulu ameneyu saasewela…Anawo apatsidwa ma million angapo mpaka nkhani aitaya.Kuchitekete,ATCHEYYAAAAAAAA…

  37. Thanks to government for discontinuing the case. At least now Atcheya can breathe a sigh of relief. Lija nkale. But I request Atcheya not to proceed with legal action against government for payment of damages. Atcheya, ndinu munthu wamkulu, ndale mumadzidziwa. Malawians know you as a political engineer ndiyeno chonde for the sake of 2019, piliranibe nanga tichite bwanji. APM woyeeeeeeeeeeeeee! SCC woyeeeeeeeeeeeeeeee! DPP woyeeeeeeeeeeeeee!

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