By Wezzie Gausi:
Former chief secretary to the government Lloyd Muhara, former secretary to the Treasury Cliff Chiunda and business magnate Leston Mulli Wednesday pleaded not guilty to three charges levelled against them in a case involving K5 billion alleged fraud during the disposal of Malawi Savings Bank.
The three have been charged with conspiracy to use public office for self-advantage, conspiracy to invade liability and causing loss and damage by fraudulent means.
Before the court had administered the plea, defence lawyer Lusungu Gondwe objected to have the plea taken on Wednesday.
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Addressing the court, Gondwe said Mulli, who is the first accused in the case, had written a letter in which he objected to the State’s decision of contracting new lawyers for the case.
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He said the defence wanted to understand from the State the criteria used to have counsel George Desidirio Liwimbi and counsel Enock Chibwana in the case.
“With this letter tendered to the court, we strongly feel it is not right for the plea-taking to happen today. The court should first address this matter. My client needs to know if proper procedures were followed.
“Above all, these disclosures were signed by the new counsel, which [something] we are objecting to. We can only take plea after these things are cleared and when counsel Chancy Gondwe is in the court,” Gondwe said.
In his objection, State lawyer Dzikondianthu Malunda said the State had brought new disclosures signed by him.
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He insisted that the plea-taking had to proceed as planned.
“We see nothing wrong with the disclosures as we also tendered new ones after receiving a letter from the defence. What is happening on the defence’s side is just to delay the matter further as counsel Chancy Gondwe has never been in court for two years since this case commenced,” Malunda said.
In her ruling, High Court Judge Violet Chipao ruled that plea-taking had to continue.
She argued that reasons provided by the defence were not enough for the court to postpone the plea-taking procedure.
Chipao has since adjourned a matter to a later date, when the issue of new lawyers by the State would be heard.
Meanwhile, the State has said it will parade six witnesses in the case.
Earlier Wednesday, Chipao rejected to an application by the State to revoke the bail of the three accused persons.
On Tuesday, the State applied to have the bail revoked over the accused persons’ alleged failure to furnish the State or court with reasons why they were not present in court.
