Mulli, Muhara, Chiunda fails to appear in court in K5bn fraud case: State wants their bail revoked
The High Court in Lilongwe was set to hear significant developments in a high-profile fraud case involving business tycoon Leston Mulli, former chief secretary to the government Lloyd Muhara, and former secretary to the Treasury Cliff Kenneth Chiunda but the three were in no show.
The case centers on allegations of K5 billion fraud during the disposal of the Malawi Savings Bank.
On Tuesday, the State requested the court to revoke the bail granted to the accused due to their failure to appear in court for scheduled hearings. State lawyer Dzikondianthu Malunda informed the court that the accused’s absence was concerning, especially as the case was initially scheduled for plea and hearing on three consecutive days at the Financial Crimes Division Court.
Malunda expressed the State’s readiness to proceed with the case but highlighted that the defence team had not provided any valid reasons for their absence. He referenced a communication from one of the defence lawyers, Chancy Gondwe, who indicated he would arrive late due to travel arrangements but did not clarify the absence of the other accused.
“The accused were granted bail on the condition that they would be present for their trial,” Malunda emphasized, suggesting that their non-attendance could warrant revocation of their bail. He cited a precedent from the Penama versus the State case, where Judge Ivy Kamanga ruled that courts have the authority to revoke bail if it obstructs proceedings.
In her response, Judge Violet Chipao acknowledged the communication received regarding the delay but reiterated the court’s duty to ensure that the proceedings continue smoothly. She confirmed that the defence would be allowed to explain their absence and urged them to present their reasons promptly.
“This matter had previously been set for September 2, 2024, but was postponed as the State had not completed its disclosures. It was noted that the defence was again unrepresented during that session,” Chipao noted.
The court has decided that the proceedings will continue today, giving the defence a chance to explain why bail should not be revoked.
The unfolding situation underscores the serious nature of the case against Mulli, Muhara, and Chiunda, all of whom are facing significant allegations related to financial misconduct. The potential revocation of bail adds another layer of complexity to an already tense legal battle.
As the defence prepares to address the court, the implications of their absence will likely weigh heavily on the proceedings. The decision from the court may set a precedent for how such cases are handled in the future, particularly regarding the conditions of bail and the responsibilities of the accused to appear in court.
Legal experts will be watching closely as this case develops, aware that its outcomes could have far-reaching effects on Malawi’s judicial landscape and public trust in governmental and business integrity.
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