By Isaac Salima:
The Constitutional Court sitting in Blantyre Thursday reserved its judgement regarding an application by former vice president Cassim Chilumpha to discharge a case.
Chilumpha is answering two charges of treason and attempting to kill former president Bingu wa Mutharika, now deceased.
The case was referred to the Constitutional Court after the defendants applied that the court should decide whether it should continue or not.
Chief Justice Rizine Mzikamanda then empanelled three Constitutional Court judges to hear the matter.
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Thursday, lawyer Kalekeni Kaphale made oral submission before judges Justus Kishindo, Charlotte Malonda and Bruno Kalemba, where he argued that the case should be discharged permanently as it has taken long.
He said the duration violates the suspect’s right to a speedy and fair trial.
Kaphale said since 2011, when the matter was last adjourned, the State has not filed any notice of adjournment until last year, when the applicant made a fresh application.
However, the State, represented by Principal State Advocate Lali Ali Bonomali from the office of the Attorney General (AG), argued that they were not entirely to blame for the delay, saying they had been ready to prosecute the matter.
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Bonomali said that the applicants had delayed the case prior to 2011.
He argued that the accused was not willing to be prosecuted.
Director of Public Prosecutions Masauko Chamkakala and Chief State Advocate Pirirani Masanjala are also representing the state.
The court has since given the office of the AG 14 days to file its written submission upon which the court will communicate about a date it will deliver judgement on the application.
Chilumpha and former politician Yusuf Matumula have been answering treason charges dating to 2006, when they were accused of plotting to kill Mutharika.
After almost two decades of court battles, the State dropped Chilumpha’s charges last year.
But the High Court ordered the restoration of the case after the State applied to have it revived.
