By Mercy Matonga:
The High Court Revenue Division sitting in Lilongwe Wednesday dismissed an application by State Residencies former director Peter Mukhito over a request to access an out-of-court agreement between the State and Shaffe Chunara, a suspect in the K5 billion cement smuggling case.
The court was due to continue hearing the case Wednesday.
In the case, Mukhito, former presidential bodyguard Norman Chisale and some former Malawi Revenue Authority officers are accused of abusing former president Peter Mutharika’s tax number, commonly referred to as TPIN, to allegedly allow some businesses to smuggle cement into the country without paying duty.
The court Wednesday failed to hear the case due to the absence of three accused persons but delivered rulings on two previous applications by Mukhito and Chisale.
Mukhito and Chisale wanted to access the out-of-court agreement between the State and Shaffe and Ahmed Chunara and also access a passport which was confiscated by the State, respectively.
Mukhitho applied to the court to access information that was in the agreement between Safi Chunara, Ahmed Chunara and those who were withdrawn from the same charges in August 2023.
In his ruling, High Court Judge Chimbizyani Kacheche said the agreement came to light after the commencement of trial, hence the case should continue as it is not affected by the move.
On Chisale’s application, the court allowed him access to the passport.
Initially, the court rejected the application due to lack of evidence.
However, Chisale’s lawyers reportedly furnished the court with the required evidence.
The court ordered that Chisale’s lawyer be granted the passport for renewal and return it to the Director of Public Prosecutions (DPP) soon after renewal.
Speaking to journalists after adjournment of the case, DPP Masauko Chamkakala expressed satisfaction with proceedings.
“Even though the hearing did not happen today, we are satisfied with the proceedings. The two rulings made are what we hoped for,” Chamkakala said.
Mukhito’s lawyer Mercy Chijere, who is from Kaphale lawyers, said they would review the judgement and map the way forward.
“We will wait to see the written ruling and analyse it with our colleagues and map the way forward,” Chijere said.
The case has been adjourned and will be back in court from March 4 to 7 2025.
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