Lawyers for the former president Bakili Muluzi and his co-accused Lyness Whiskey have withdrawn their constitutional review application in a case in which the two are answering charges of alleged misappropriation of K1.7 billion donor funds.
Muluzi, who is answering criminal charges in the High Court under the Corrupt Practices Act, wanted the Chief Justice to certify that the case should go for constitutional review where the constitutional court should determine that the charges were politically motivated and, therefore, be dismissed.
But on Friday, the lead counsel in the defence team, Tamando Chokotho, notified the court of Muluzi’s intention to withdraw the constitutional case, paving the way for the criminal case proceedings.
Following the move, the High Court sitting in Blantyre on Monday granted permission for the withdrawal and the Anti-Corruption Bureau (ACB) Deputy Director Reyneck Matemba, who represented the State, acknowledged the withdrawal, asking the court to set the dates for criminal proceedings.
According to the Judiciary spokesperson, Mlenga Mvula, the High Court Judge, Maclean Kamwambe, who has been hearing the case, told the parties that he has set April 11 up to the first week of May this year for both hearing and judgment.
“Justice Kamwambe has set about three weeks, that is from April 11 to the first week of May, for the conclusion of the case with emphasis on minimal adjournments,” Mvula said.
Muluzi first appeared in court in February 2009 accused of stealing $11 million donor money and was initially charged on 80 counts of allegedly siphoning aid cash into his private account.
Among other reasons for the aborted constitutional review application, Muluzi was arguing that the whole trial was politically motivated as former president late Bingu wa Mutharika had ill will against him and just wanted him arrested.
Muluzi also argued that ACB was used for political witch-hunting, saying the trial against him perverts the Constitution in many respects.
In November last week, the Parliament’s Legal Affairs Committee summoned the ACB for interrogation over the delay of a case.
Leave a Reply