By Cathy Maulidi:
Businessperson Leston Mulli has raised objections, through his lawyers, to the State’s plan to include three private lawyers in the prosecution team that is prosecuting a case involving him and two others.
This is a case where Mulli, former chief secretary to the government Lloyd Muhara and former secretary to the treasury Cliff Chiunda are accused of conspiring to defraud the government of K16 billion through the Malawi Savings Bank (MBS).
Tuesday, High Court Judge Violent Chipao heard the defence’s application in which they are objecting to the State’s plans to bring in three private lawyers into the prosecution team.
Mulli’s lawyer Frank Mbeta expressed reservations over the hiring of private practice lawyers namely Chancy Gondwe, Enoch Chibwana and George Liwimbi, citing irregularities in the procurement process.
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Mbeta argued that the State’s decision to hire the lawyers was not in accordance with the law. “The defence believes that the State violated the Public Procurement and Disposal of assets Authority. This is a case of mis-procurement,” he said.
But reacting to the defence’s application, senior State advocate Dzikondianthu Malunda described the defence’s application as frivolous and asked the court to trash it.
“This is simply a ploy by the defence to delay the court proceedings. This application is frivolous and, therefore, amounts to abuse of the court process,” he said.
Malunda argued that the three lawyers were duly appointed by the Director of Public Prosecutions and that no procurement process was flouted.
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“They are qualified lawyers and are licenced,” he said.
He, therefore, proceeded to ask the court to trash the defence’s application.
Judge Chipao has since adjourned the matter to December 6 for ruling.
The case has been ongoing, with the three accused pleading not guilty to charges of conspiracy to use public office for self-advantage, conspiracy to invade liability and causing loss and damage by fraudulent means.
The State has lined up six witnesses to testify in the case.
