By Wezzie Gausi:
The High Court sitting in Lilongwe has trashed the application by former budget director Paul Mphwiyo and 18 others to re-hear their K2.4 billion case.
Mphwiyo wanted the court to restart hearing the case because a new judge, Ruth Chinangwa, has taken over from retired judge Esmie Chombo.
Defence lawyer Powell Nkhutabasa made the application on August 31 2021 but Chinangwa dismissed the application Tuesday.
Director of Public Prosecutions Steven Kayuni told The Daily Times that the matter would now proceed with the hearing of the remaining defence witnesses.
“The judge has dismissed the application, saying the issues raised were irrelevant, and the application has been dismissed in its entirety,” Kayuni said.
Defence Lawyer Powell Nkhutabasa also confirmed that their application was dismissed.
“Indeed our application has been dismissed. We are just waiting to hear from the court to proceed with the hearing of the case,” Nkhutabasa said.
Mphwiyo was shot at the gate of his Area 43 residence in Lilongwe on September 13 2013, during the administration of Joyce Banda.
Before Chombo retired, she also threw out Mphwiyo’s application for her to recuse herself.