By Cathy Maulidi & Serah Chilora:
High Court Judge Ruth Chinangwa Thursday set free former State vice president Cassim Chilumpha and businessperson Yusuf Matumula, who were answering treason cases.
Chilumpha, who was at loggerheads with the then president Bingu wa Mutharika, was arrested alongside Matumula in 2006 on accusations that they were attempting to assassinate Mutharika.
The two were accused of plotting to overthrow Mutharika’s government by allegedly hiring men to assassinate him and key members of his government between January and April 2006.
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But according to the ruling made by Chinangwa, the case has been poorly managed by the State, such that it is only lawful that it should be discharged.
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The discharge follows an application by the two accused persons, who asked the court to discontinue or dismiss the case due to delays and the State’s purported lack of seriousness to prosecute the two.
In her ruling, Chinangwa agreed with the accused that the State lacked willingness to prosecute the case.
“In this case, the State has shown no willingness to prosecute the matter because the matter has remained dormant for 15 years. Apart from that, the State is also asking the court for a further 90 days to [see] if at all they [are] to continue prosecuting the matter.
“It seems that this matter was a forgotten cause for the State. If anything, it speaks volumes on how the prosecution manages the prosecution of its cases. To say the least, this matter has been poorly managed. It is only lawful to have the matter discharged in the circumstances,” Chinangwa said.
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She, therefore, proceeded to discharge the accused under Section 247(1) of the Criminal Procedure and Evidence Code.
“Any aggrieved party has the right to appeal within 30 days from the date of pronouncement,” she said.
Meanwhile, State prosecutor Dzikondianthu Malunda has said they will wait for the Director of Public Prosecutions’ direction on the matter.
“He has the ultimate say on whether to restore the matter,” Malunda said.
Commenting on the development, Malawi Law Society President Patrick Mpaka said there is a need for the authorities to be conducting thorough investigations before they level treason charges on suspects.
“It goes back to the need for thorough investigation and preparation on the part of the State before launching criminal proceedings to avoid the risk of exposure to claims against public resources,” he said.
