State ask for more time to submit disclosures in Intelligence computers case

The State has asked for more time to submit disclosures in a case involving former acting director of National Intelligence Bureau (NIB) Kenam Kalilani  and former chief ICT officer for State House, Chance Chingwalungwalu are accused of stealing four computers with National Intelligence and Intelligence systems.

Moja Phiri who represented the State in court yesterday asked court to give them more time in submission of disclosures which the court asked for in August, saying investigation team needs more time to analyse the documents they have and in two weeks’ time they can be ready.

The court gave the state 14 days to submit disclosures which the state has failed to provide the court with, and defence lawyers twice as directed by the court.

Principal Resident Magistrate Viva Nyimba further directed that trial must commence third weeks after the disclosures have been served.

Nyimba further stated that the plea and hearing is expected to take place between 28/29 January, 2021

He added that, if hearing does not start by said date, court may consider discharging the accused.

Viva Nyimba also asked the state if the rumours that Director of Public Prosecution (DPP) cleared the two of theft were true and Moja Phiri told the court that he was not briefed on that.

On his part, lawyer representing the two accused Madalitso Kausi told the court that by requesting for more time and adjournments, the states showed lack of seriousness and asked the court if the matter could be discharged.

Kausi further told the court that the state has failed to give him and the court disclosures which the court asked for twice and it was doubtful that the state would provide them within the two weeks’ time.

Director of Public Prosecution reportedly cleared the two of theft as it was evidence enough that they two bought the computers and not stole them.

However, a twist emerged to the story with Malawi Revenue Authority suggesting that the two can be prosecuted for failure to take receipt on a belief that they might have evaded tax.

It has also been established that MRA investigation team has written DPP, saying the two accused did not buy the computers and there is no evidence that there was business on the computers in question.

On 10th August, prosecution team led by Moja Phiri told the court that investigation was through and there was overwhelming evidence against the two which could land them life imprisonment as the offense they committed was equal to treasonous.

The two were arrested on 25 July and were given bail on 10 August 2020 after spending 14 days on remand in prison.

To date, the two have not yet taken plea and have appeared before the court six times in a period of six months.

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