Director of Public Prosecution (DPP) Marry Kachale has transferred to High Court a maize-gate case involving former Minister of Agriculture, Irrigation and Water Development Dr. George Chaponda and director of Transglobe Produce Limited, Rashid Tayub.
The case was being handled by the Blantyre Magistrate Court with Simeon Mdeza as presiding magistrate.
On Monday, the Anti-Corruption Bureau (ACB) through its lawyer Macmillan Chakhala asked the presiding Magistrate to recuse himself from the case.
ACB also asked the court to transfer the case to the High Court.
Delivering his ruling on Wednesday afternoon, Magistrate Mdeza refused to recuse himself from the case.
“I refuse to recuse myself,” he ruled.
Drama ensued in the court when the state served the court with a certificate of committal of the case to the High Court and that Mdeza will no longer preside over the trial.
When asked where the certificate was coming from, the state said the committal certificate was obtained from Mary Kachale.
But lead defence counsel Tamando Chokhotho accused the State of “pulling the fast one” in their delaying tactics.
He said the prosecution were displaying “abuse of the court process” and that the defence are not amused.
“We are not ruling out a review of this certificate,” Chokhotho said.
He said the certificate of committal should have been obtained at the off set of the matter not by ambush.
