By Pemphero Malimba:
The High Court’s Financial Crimes Division in Lilongwe Monday adjourned the hearing of a case involving three people charged with K5 billion alleged fraud during the disposal of the Malawi Savings Bank (MSB) to January 28, 2025.
The three are businessman Leston Mulli, former Secretary to the President and Cabinet Lloyd Muhara and former Secretary to the Treasury Cliff Chiunda.
Yesterday, the court was expected to hear an application in which the defence sought to have the matter referred to the Constitutional Court.
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However, defence Lawyer Kalekeni Kaphale, who has recently joined the case, requested an adjustment to allow sufficient time to review the case files before the hearing commences.
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Kaphale argued that the application should be heard before the trial, which was initially scheduled to begin on January 28, 2025.
The state, represented by Director of Public Prosecutions Masauko Chamkakala, objected to the application, arguing that the accused were already being represented by other lawyers and therefore there was no need to restart the process.
Chamkakala contended that the defence’s applications were intended to delay the case.
However, Judge Violet Chipao, who is handling the case, said that the adjournment would provide the defence with ample time to prepare for the case.
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On the specified date, the court will hear the application to determine whether the matter should be referred to the Constitutional Court and the outcome will influence how the court proceeds with the case on the same day.
In an interview, defence lawyer Gladwell Majekete justified Kaphale’s request.
“In our defence team, we have been joined by a new lawyer (Kaphale), so he wants to review the documents. This will ensure that when the court begins hearing the application, we are all aligned, which is why he requested the adjournment,” Majekete said.
On his part, Chamkakala confirmed that the state was ready to proceed with the case on the adjourned date.
“We have always maintained that the state does not go to court unprepared and we are well-prepared,” he said.
He added that the state had taken the necessary steps to ensure readiness for the hearing.
“The case has taken time because we were putting things in order to ensure that we are fully prepared when we come to court,” Chamkakala said.
The three are accused of conspiring to defraud the bank following an arrangement to repay the K5 billion debt over a period of approximately 50 years.
