By Wezzie Gausi:
The State Tuesday asked the High Court sitting in Lilongwe to revoke bail for business tycoon Leston Mulli, former chief secretary to the government Lloyd Muhara and former secretary to the Treasury Cliff Kenneth Chiunda in a case involving K5 billion alleged fraud during the disposal of Malawi Savings Bank.
The matter was set for plea and hearing on three consecutive days at the Financial Crimes Division Court in the administrative capital.
Addressing the court, State Lawyer Dzikondianthu Malunda said the State was ready to proceed with the case.
He, however, said it was the defence and accused persons that were in no-show
Malunda said the defence did not furnish the State or the court with reasons for the absence.
“We only got communication from one of the defence lawyers, Chancy Gondwe, that the matter should be delayed to 10am as he was travelling by plane, which would arrive a bit late.
“The accused were given bail on condition that they would avail themselves for trial in court and the team failed to show up at the court,” Malunda said.
Malunda further quoted the Penama versus the State case, where Judge Ivy Kamanga ruled that the presiding court was responsible for the general management of court issues.
He said the ruling further indicated that the court had power to revoke bail if it was hindering proceedings.
“The law requires that before the bail is revoked, the court should sit again for the accused persons to give reasons why they did not avail themselves of the court,” he said.
In her ruling, Judge Violet Chipao said the court only got communication to delay proceedings due to travel arrangements.
She said according to the law, the court would grant the defence an opportunity to explain why they did not show up.
“This matter was also set for September 2 2024 but it did not continue as the State had not completed serving the disclosures. During that sitting, it was also observed that the defence was not represented despite being aware of the sitting,” Chipao said.
Meanwhile, Chipao has said the matter will proceed today, when the defence would give reasons why the court should not revoke the bail of the accused persons.
Defence lawyers were not available for their comment on the matter.
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