Supreme Court dismisses ACB appeal on Magistrate Mvula, Msungama, Gaffar: Acquittal upheld

An appeal by Anti Corruption Bureau (ACB)  against interdicted Blantyre principal resident magistrate Mzondi Mvula, who was acquitted by the High Court in May last year on corruption charges, has been dismissed by the Supreme Court of Malawi.

Mzondi Mvula: Acquittal sustained

Mzondi Mvula: Acquittal sustained

ACB had filed an appeal against last year’s High Court judgement that acquitted Mvula and two others in a corruption case the trio was answering.

Mvula was, alongside two others, last May acquitted by High Court Judge Geoffrey Mwase after the ACB failed to prove that he solicited a K5 million (about $15 000 at current exchange rates) bribe from a businessperson, Ramesh Patel.

The bureau placed six charges against Mvula and businesspersons Rashid Gaffar and Kondi Msungama, but the judge said the evidence before the court did not prove any wrong-doing against the three suspects.

However, ACB lodged at appeal to Supreme Court arguing that the High Court judge “erred in law” by dismissing the conspiracy to defraud and in applying the high standard of proof beyond reasonable doubt.

A panel of three judges of Justice Edward Twea, Justice Richard Chinangwa and Justice Frank Kapanda ruled that there was no merit to allow the appeal.

“Charging a count of conspiracy together with a count of a substantive offence therefore does not make the charge bad at law, it is an indicative of poor prosecution practice,” reads the Supreme Court determination.

The Supreme Court also dismissed the evidence based on call-logs, saying it doesn’t provide evidence of what callers were discussing or conspiring.

“Having gone through the fact , evidence and the law, in this case, it is our judgement that that appeal must fail and we so order,” reads the judgement.

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Mbukavu
Guest

Good luck Mzondi

Akatswiri
Guest

Kunenepa by birth, kodi mwatani athu inu?

Kamuzu Banda
Guest

You can be sure of one thing. Lawyers will always protect each other. Anyone can get convicted in Malawi except lawyers and judges.

Mwendanato
Guest

If you follow all judgements involving Twea and ena aja justice Unyolo in MALAWI JUDICIARY YOU WILL NOT THAT A LOT NEEDS QUESTIONING OUR JUDICIARY AND NON HAS BEEN CONVICTED AND THE CLOSEST THEY HAVE COME TO IS ACQUITAL AT BEING FIRST OFFENDERS . TAKE THE ISSUE OF ONE KHUZE KAPETA AND HIS TRUST SO IS MZONDI AND WINA UJA KADWA

Akatswiri
Guest

Shaa wakaka,call logs can not provide evedence what people are discussing.

alekekuba
Guest

Ma Lawyer ndi akuba! And amabakilana! In Heaven the Lawywer of Lwayers awit thee! Time will tell

Boyd Kilembey
Guest
The accussed did not dispute calling each other. In the Kasambara case, it was the wife communicating with friends of the accussed. Thats the difference. A judge can see through a lie. If Kasambara was smart he should have admitted texting or speaking to the murderers. That would not have proved anything. The way Kasambara took on the maid, leaves a lot to be desired. The fact that Mphwyiuyo visited his house did not and could not prove that he Kasambara was involved in the shooting. It could only be an issue in the cashgate trial. . The problem is… Read more »
mada kuleso
Guest

Hehehede poor prosecution practice I like that, these acb incompetents

mphini za mutchafu
Guest

In a court of cats a rat cannot wina case haahahaaha goodluck mr mwase mwapulumuka zenje lokumbakumba munapitatu bwana

mphini za mutchafu
Guest

Nyssatimes surely l think the first paragraph nreds editing the appeal was by acb takonzani chizungu apa

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