Govt drops cases linked to Bingu

• Chasowa files returned to police for fresh investigations
• Some cases proceeding —govt

Government has silently dropped  some cases linked to former president the late Bingu wa Mutharika, including one in which it wanted to turn Bineth Trust, the trust run by the family of the leader, into a public trust.

And while some cases have been closed, high-profile others appear to be swept under the carpet.

The latest development increases the list of cases emanating  from the first rule of the Democratic Progressive Party (DPP) that have either stagnated or being dropped altogether  since the return of  DPP to power  and the ushering of Peter Mutharika as President.

The Ministry of Justice confirmed last week dropping the legal attempt to turn Bineth Trust into a public trust.

Government also dropped a treason case popularly known as ‘the midnight six’ in which six Cabinet ministers were accused of plotting to unconstitutionally take over the reins of power.

The case on the death of Polytechnic student activist Robert Chasowa has stalled while cases on the July 20 2013 killings that saw 20 protesters being killed by the police are proceeding gradually.

The Mutharika family has also opted for an out-of-court settlement where the Malawi Revenue Authority (MRA) wanted the family to pay duty for 41 vehicles Bingu had acquired.

The Joyce Banda administration launched investigations into the wealth of the late Bingu, the July 20 2013 killings and the Chasowa murder.

Speaking in an interview, Ministry of Justice Spokesperson Apoche Itimu confirmed that the Bineth Trust case has been disposed of at the court, but requested more time to respond on the probe into Bingu’s wealth.

“The case on Bineth Trust was disposed of,” said Itimu in a brief interview.

On the Chasowa case, Itimu said the ministry will have an update next week, but insisted that most July 20 cases are continuing in various courts.

“Lilongwe registry [of the High Court] started already hearing cases. The State is still parading its witnesses. One case is in Mzuzu and another in Blantyre and those have not begun but we are finalising the files for prosecution to commence. Another in Lilongwe could not begin because the accused was not represented,” said Itimu.

National Police Headquarters chief prosecutor Happy Mkandawire said the file on Chasowa was sent back to police for further investigations but said police have already returned the file to Justice Ministry.

“We were supposed just to refine certain aspects of the case and we have sent the file back to the Director of Public Prosecutions [DPP],” said Mkandawire on Wednesday.

An affidavit in a case where government attempted to turn Bineth Trust into public quoted senior fiscal police investigators, telling the Commercial Court in Lilongwe through sworn statements that the fraud and financial crime investigating agency of police, Fiscal Department, was probing how Bingu acquired K61 billion he invested in Bineth Trust.

Speaking in an interview on Friday, Attorney General Kalekeni Kaphale, who previously represented the family of Bingu in the Bineth Trust case, refused to comment on the matter, citing conflict of interest.

“I know what has transpired on the matter.  I have the progress you want, but I am in conflict because of my previous job in private practice when I was directly involved in the case as representative of the Bingu wa Mutharika family,” said Kaphale.

But a lawyer at the Ministry of Justice, speaking on condition of anonymity told Nation on Sunday that while Chasowa case’s delay is likely to be interpreted by a skeptical public as politically-motivated, the State is acting in best interest.

“I have reviewed the case. Chasowa was clearly murdered. The evidence of Dr Charles Dzamalala overwhelmingly proves that.

“We lost a window of opportunity when the murder was just committed. The police didn’t do good work and that is clear from the evidence we have- either there was a lot of cover-up or the murder was committed by highly trained killers,” said the source.

Among those who were arrested in connection to the Chasowa murder include Noel Masangwi, a high-ranking ruling DPP official who is now a member of Parliament, another DPP official Lewis Ngalande, police officer Stanford Horea and  renowned boxing promoter Mike Chitenje,.

The Malawi Human Rights Commission, in its recent state of human rights report, criticised the State for the delays in prosecuting the Chasowa murder and July 20 killings.

The commission warned that delayed justice was reflecting negatively on the State’s willingness to uphold human rights and rule of law.

Speaking on Friday, Centre for Human Rights Rehabilitation (CHRR) executive director Timothy Mtambo described the delay on cases such as the Chasowa and July 20 prosecutions as a “worrying sign.”

He said through its action, government has shown no respect to the sanctity of human life.

“Honestly, this situation is very depressing. We in the civil society have continuously spoken of the need for justice to be held on these two matters. Instead, we see a leadership that is quite in the face of impunity and such a leadership that is worshiping impunity. Even the UN has called for justice and just last year in July, the UN released a statement calling for expediency in the conclusion of these cases,” said Mtambo.

In the July 2o killings prosecutions, nine police officers, including Ian Kanyama, son of the current police Inspector General Paul Kanyama, were interdicted, subsequently arrested and charged with various crimes, including murder.

The other officers are  sub-inspector Kamwala of Lumbadzi Police Station, sergeant Makokezi of B Company, constable Lobo of Kawale Police Station, Lemekezo Mikuti, Kelvin Nyirenda, Benedicto Dzombe, Paul Mussa, Mahomed Kulusinje all from Ndirande Police Station. n