…Orders state to provide the judge with classified evidence by January 22
LILONGWE-(MaraviPost)-The High Court of Malawi Financial Division on Friday, January 12, 2024, discharged Vice-President Saulos Chilima from two counts out of five he is answering.
The charges were bordering on breach of trust by a public officer.
Judge Redson Kapindu made the ruling as the state introduced the charges after the expiry of the prescribed period in the matter.
The judge also ordered the state to submit to his office evidence (minutes of the defence council and correspondence between President Lazarus Chakwera and MDF) for him to determine if it could be used in the case.
Kapindu ordered the MDF to bring to the Court the alleged ‘sensitive documents’ under strict direct cover on January 22, for the Court to decide whether the information indeed borders on national security or not.
In his ruling, the judge observed that MDF is not above the law and that the court is entitled to scrutinise the documents.
During the hearing, the judge heard the defense team which wanted MDF council minutes, that allegedly approved the contract that Chilima is accused of influencing, and the correspondence between Chakwera and the MDF with Zunneth Sattar, disclosed.
However, in their submissions, the Attorney General, Anti-Corruption Bureau (ACB), and MDF argue that the documents are very confidential and have the potential to affect national security.
On the other hand, the defence argues that the right to a fair trial supersedes national security and that the documents should be disclosed because of their relevance to the case.
They further argue that there should be no fear when such confidential documents are used in favour of the general public.
