
LILONGWE-(MaraviPost)-The High Court sitting in the capital Lilongwe on Wednesday, July 19, 2023 reserved it’s ruling on an application to vary bail conditions in the corruption case involving vice president Saulos Chilima.
Presiding judge Redson Kapindu said, after hearing arguments from the state and defense on the application, that he will give his ruling on Tuesday August 1, 2023 at 10 o’clock.
On the the day, Chilima will also take plea and the court is expected also to give directions.
Chilima on Wednesday, formally applied to High court varying his bail conditions set by a lower court that include that he reports to Anti-Corruption Bureau (ACB) every three months and that his passport stays in the custody of the bureau.
This comes as the state objected an application for variation of bail conditions for Chilima.
ACB prosecutor Chrispine Khunga argues that the burden of demonstrating that bail conditions are excessive rests with the court.
Khunga observes that the condition that the accused should be reporting to ACB every three months translates to four times a year hence not excessive
But Chilima’s lawyer, Khumbo Soko, argues among other things that it is degrading for a person of the profile of Chilima to have to present himself at the ACB every so often.
The defense also wants the court to vary the condition that each time Chilima intends to travel, he seeks court approval.
Echoing the same, Chilima, defense lead lawyer Kalekeni Kaphale says, it is possible for a person to be on bail without conditions.
Kaphale cited the case of former vice president Cassim Chilumpha who is on bail for trison charges.
He added that Chilumpha is out there carrying on with his life including conducting political rallies and participating in elections.
Kaphale went further arguing that in as far as he is concerned, Chilumpha is still on bail for the charges unless the Director of Public Prosecutions says otherwise.
Eventually, Presiding judge Redson Kapindu asked the state to explain what would happen in the unlikely event that the president is incapacitated and Chilima as vice president is supposed to ascend to the position of president.
“Would he be required to come to court and apply for variation of bail conditions for his case or they would automatically fall away?” he questions.
The court is still considering arguments on the application to vary bail conditions for vice president Saulos Chilima which the state is objecting.
Lawyer Khunga argues that ACB can only be sure that Chilima the accused is still in the country when he physically presents himself at ACB offices every three months.
Khunga argues the police cannot be relied on making sure the accused person does not leave the country.
This was in direct response to lawyer for Chilima, Khumbo Soko, who argued that Chilima is always surrounded by police who cannot allow him to leave the country without approval.
Chilima is accused of corruption related crimes for allegedly recieving bribes from a UK based businessperson to influence awarding of public contracts.
The Veep has been on bail after obtaining a K1m bail, surrendering his passport. He has been reporting to the Anti-Corruption Bureau (ACB) every three months.
These are the conditions he wants waived.
