Paul Mphwiyo, 3 others denied bail


The Lilongwe Resident Magistrate’s Court Monday rejected a bail application by former budget director in the Ministry of Finance Paul Mphwiyo and three others when the four appeared before the court after being arrested for allegedly stealing government money totalling K2, 446, 817, 450.49.

Mphwiyo was arrested on Saturday by Fiscal Police while his co-accused, Auzius Kazombo- Mwale, Clemence Madzi and Roosevelt Ndovi’s arrests were spread between Sunday and Monday.

They have been charged with seven counts related to the stealing of the said amount.


Four lawyers representing each of the accused separately argued for their bail applications which were turned down by Senior Resident Magistrate Chisomo Msokera, who has since committed the matter to the High Court.

Before arguing for their clients’ bail, the lawyers questioned the State’s judgement in arresting suspects who are already answering charges connected to the ones which prompted the latest arrests.

The lawyers further opined that the new offences should simply have been added to the existing charges to which the four pleaded not guilty.


They also all converged on mutual arguments that their clients, who had already been arrested before, were complying with bail conditions such that there would be no threat in granting them bail this time around.

However, the state — represented by Senior State Advocate Lyness Chikankheni and Senior Assistant Commissioner of Police Denis Chipao—argued that the High Court to which the matter was to be committed should be better-placed to hear the suspect’s bail applications.

Ndovi’s lawyer, Andy Kaonga, particularly expressed his concern over the third arrest of his client and described the developments as persecution and not prosecution.

On his part, Mphwiyo’s lawyer Shadreck Mhango argued that his client has been cooperating with the State in so far as the other case that he is being tried on is concerned.

“He has been going to South Africa unaccompanied to seek medical attention and has beautifully returned without any problem, thus, there will be no problem if he is granted bail,” said Mhango.

According to the first count, Mphwiyo, David Kandoje, Kazombo-Mwale, Madzi, Ndovi, Maxwell Namata, George Banda, Michael Mphatso and Samuel Mzanda between April 1 2013 and July 30 2013, conspired with Leonard Kalonga and others to defraud government the said amount

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