Witness to face 439 questions in ex-Army commander case


State prosecutor Kamudoni Nyasulu told the High Court yesterday that he has prepared 439 questions for the first witness in the money laundering case involving former Malawi Defence Force (MDF) commander Henry Odillo and three others.

Harry Kawinga is the first witness in the case in which Odilo and three others are accused of laundering K2.4 billion as part of Cashgate.

One of the suspects, Nelson Kauwa Banda, died in August this year.


Nyasulu disclosed the issue of the questions when he made an application to the court to excuse some of the witnesses—Brigadier General Thomas Chaona and Lieutenant Colonel Richard Chidzungu.

He applied to the court to allow them to continue executing their duties and attending to their personal matters while the State concludes working with Kawinga.

Nyasulu said Kawinga has 500 documents which he is expected to make reference to when giving his testimony.


“At the moment, we are on the third document and it is unlikely that we are going to finish it if the court adjourns to tomorrow [Tuesday].

“Chaona is responsible for Human Resource and he is involved in [sorting out issues related to the] tragedy that has befallen the MDF while Chidzungu is doing studies at Mzuzu University—meaning that the other two, would be missing their duties as well as studies without benefiting from the court,” he said

Judge Redson Kapindu has formally discharged the case against Kauwa Banda after the State made an application on the same.

Commenting on the matter, Nyasulu said it is normal to close a file if the accused dies but the court might still use anything regarding the case if need be.

“The law specifically says that when an accused dies, he is discharged and the case is closed. Unless it is issues of money laundering, you may still make an application to trace the money from that particular person,” he said

The case continues

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