The Anti-Corruption Bureau (ACB) Monday asked the court to suspend proceedings in former president Bakili Muluzi and Lyness Whiskey, corruption case for 30 days to allow the bureau review some counts on charge sheet as the availability of witnesses in those counts may not be guaranteed.
There are 15 corruption-related charges against Muluzi and out of them, Whiskey is answering three.
Lead counsel for the state, Clement Mwala, said in a meeting with the ACB Director General Lucas Kondowe on Sunday, he was informed and instructed that the counts have to be reviewed amidst fears on the availability of witnesses on some counts considering time the case has taken.
Mwala also told the court that there were no arrangements made to secure the attendants of first witness Victor Banda in court yesterday saying it was only on Sunday at around 3 or 4 o’clock in the afternoon that he was engaged to continue prosecuting the matter.
He, therefore, said looking at where the case stopped the state was not ready to proceed yesterday.
“As such, we would like to pray for an adjournment to such a time that will afford us the opportunity to make arrangements with our witnesses as well as undertake the review that the Director General [Kondowe] was talking about so that at the next hearing, we do not have issues that will disturb the flow of the case.
“As a proposal, we were looking at having a 30-day period within which we can undertake the two tasks that I have talked about,” Mwala said.
Defence lead counsel Tamando Chokotho had no objection to Mwala’s prayer for adjournment but suggested it should be aforementioned that in the next meeting the accused persons should not be required to appear in court.
“You would appreciate that the accused have been faithfully coming to the court and that it would appropriate that they appear whenever there is an assurance that the hearing of the case will resume,” Chokotho said.
He also said Muluzi will not be available in the months of July and August as the former president is expected to be engaged in Commonwealth mission activities.
“In the meantime, we will appreciate if the 30 days being requested are for the state reporting as requested. As mentioned, one of the key factors is the availability of witnesses which means there is re-consideration of the evidence.
“Once this review by the state is concluded, there may be a necessity of the defence as well to look at any issues arising before we may proceed and the period of 30 days may not be enough for all that,” he said.
Presiding Judge Maclean Kamwambe said the defence has to provide evidence of Muluzi’s Commonwealth engagement by 2 o’clock in the afternoon of Thursday, June 16.
Thereafter, Kamwambe adjourned the matter to Friday when he is expected to make his ruling on what lawyers for the two sides have said and provide direction on the matter.
Muluzi was arrested in 2006 and first appeared in court in 2009 in a case that has been subjected to several adjournments and excuses from both the state and defence sides.
Muluzi, who ruled Malawi from 1994 to 2004, is being accused of misappropriating public funds between 1999 and 2005.
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