K5bn cement imports case suspects face 18 counts

Five suspects in the K5 billion cement imports case face a collective 18 counts bordering on fraud, money laundering and abuse of office, it emerged in court yesterday.

The suspects are businessperson Mahmed Chunara, former president Peter Mutharika’s private bodyguard Norman Chisale, former director of State residences Peter Mukhito, former Malawi Revenue Authority (MRA) deputy commissioner general Roza Mbilizi and businessperson Ahmed Chunara. They are accused of abusing Mutharika’s presidential privilege to import goods for personal use duty-free.

Presiding High Court of Malawi Judge Redson Kapindu read out the charges against the five. They include fraud, conspiracy to commit customs offences, smuggling, aiding and abeiting smuggling, uttering false documents, fraudelent evasion of value added tax, abuse of office, making false documents, omitting from a return of income in respect to year of assessment and money laundering.

Initially, the case was supposed to come up for plea taking and directions, but it transpired that there were some preliminary objections which the court needed to be addressed.

However, Kapindu said he would still read out the charges.

He said: “The court will  proceed to read out the charges relating to each accused person but at this point they will not be required to enter plea.”

First accused Mahmed Chunara is answering nine charges including fraud, conspiracy to commit customs offences, smuggling, aiding and abetting smuggling, uttering false documents, fraudulent evasion of value added tax, omitting from a return of income in respect to year of assessment and money laundering.

Chisale, the second accused, is answering 10 counts which include fraud, conspiracy to commit customs offences, aiding and abetting smuggling, uttering false documents, making false documents and abuse of office.

Third accused, Mukhito, has  11 counts which include fraud, conspiracy to commit customs offences, uttering false documents, making false documents, money laundering and abuse of office.

Mbilizi, the fourth suspect, has been charged with five counts which are fraud, conspiracy to commit customs offences, aiding and abetting smuggling, money laundering and abuse of office.

The fifth suspect Ahmed Chunara is answering seven counts of fraud, conspiracy to commit customs offences, smuggling, uttering false documents, fraudulent evasion of value added tax, omitting from a return of income in respect to year of assessment and money laundering.

Before the charges were read out, Director of Public Prosecutions (DPP) Steve Kayuni informed the court that the State had been served with notice for preliminary objection by Chisale’s lawyer yesterday and there was also another preliminary objection by Mukhito’s lawyer made on June 15.

However, the DPP only recognised the one made on June 15 to be tackled by the court.

Kayuni added that both the State and defence agreed on case management and that there was need for adoption of the preliminary objection and adoption of the response by the State and for the court to set a date agreeable to the parties for continued hearing.

The defence team confirmed the matter.

Kapindu said it would not be in the interest of justice to disregard the preliminary objection by Chisale.

However, he agreed to the proposed case management and ordered lawyers representing each accused who raised preliminary objections to file and serve written submissions on the State within seven days from yesterday.

The case has since been adjourned to July 25 2022 for plea and directions.