By Mercy Matonga:
The High Court has ordered the restoration of former State vice president Cassim Chilumpha’s treason case following a government application to revive it.
In April this year, the government, through its lawyers, wrote the court, expressing its intent to continue with prosecution.
It, therefore, asked the court to continue hearing the case.
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In a ruling by High Court Judge Ruth Chinangwa, which The Daily Times has seen, the High Court sitting in Blantyre has determined that the case should continue being heard.
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“The matter proceeds at this stage for the reason that the discharge did not bar subsequent proceedings. The matter is thus set down for trial from 16th to 20th September 2024,” the ruling reads.
The court document further notes a 15-year delay in prosecuting the matter.
Court records show that the State, defence and the court remained silent during these 15 years even though the law allows that where there are delays in assigning hearing dates, the prosecution or defence can prompt the allocation of dates by filing an appropriate notice.
“It is unfortunate to note that all parties and the court remained silent on having this matter allocated a date of hearing. Be that as it may, the law ought to take its course as prescribed under Section 247(1) of the Criminal Procedure and Evidence Code,” the document reads.
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Director of Public Prosecutions Masauko Chamkakala did not comment much Sunday.
“Can we talk about it tomorrow?” Chamkakala said.
Lawyer for Cassim Chilumpha, who is also his son Sameer, expressed disappointment with the ruling.
“The accused has now spent 18 years of his life dealing with this issue, accused of this offence, and essentially on bail. At some point, a human being tires.
“However, we are not surprised [with the move] and we shall keep working towards getting him justice, as is the entitlement of every Malawian,” Chilumpha said.
Commenting on the matter, Centre for Human Rights and Rehabilitation Michael Kaiyatsa said the government’s decision to revive the case might be politically motivated.
“I don’t think opening the case will change anything unless government says it has new evidence, which is different from what government has had all these years,” Kaiyatsa said.
The State’s decision to revive the case came barely weeks after Chilumpha sued the government for unlawful arrest regarding the protracted treason case.
In October last year, the High Court discharged Chilumpha from treason prosecution, ruling that the State had failed to prosecute the matter.
Chilumpha had been under prosecution for the past 17 years after being accused of plotting to assassinate former president Bingu wa Mutharika when he served as Mutharika’s deputy in 2006.
Chilumpha was arrested alongside businessman Yusuf Matumula.
The move to release Chilumpha from prosecution prompted the former Vice President to launch a K24 billion lawsuit.
