The Lilongwe Magistrate court has dismissed an application by three suspects who wanted to be discharged in a case where they are accused of conspiring to defraud Malawi Savings Bank Debt Collection Company.
The three are businessperson Leston Mulli, former chief secretary to government Lloyd Muhara and former secretary to the Treasury Cliff Chiunda.
On February 13 2024 the three, through their lawyers Frank Mbeta and Lusungu Gondwe, made an application to be discharged since the State is failing to honour an October 11 2022 court order to provide the defence with a Memorandum and Articles of Association for the MSB Debt Collection Company.
In his ruling, senior assistant chief State advocate Dzikondianthu Malunda objected to the application to discharge the accused, saying issues concerning case management and disclosures will be handled in the High Court where the three are to be committed for trial.
“Looking at Section 247 of the Criminal Procedure and Evidence Code, it is clear the circumstances that will qualify for discharge of an accused and disobeying court order is not one of them.
“Yes, it is disrespectful and a sign of undermining the authority of the court that made the order because court orders are made to be obeyed or complied with and the State need to lead by example but it does not come in as one of the reasons for discharge or to prove unwillingness to prosecute to warrant the discharge of accused,” Malunda has been quoted in his ruling by Nation Publication Limited.
The case has since been adjourned to March 18, 2024.
