High Court Judge Mclean Kamwambe on Monday cleared Anti-Corruption Bureau (ACB) deputy director (prosecutions) David Nyamilandu to sit on the prosecution team in the K1.7 billion corruption case against former president Bakili Muluzi.
Last Wednesday, one of Muluzi’s lawyers, Kalekeni Kaphale, contended that Nyamilandu was ineligible to practice in Malawi following a recent Constitutional Court ruling and that he is an Australian citizen.
But Kamwambe dismissed the claim that Nyamilandu, who was not in court on Monday, should not sit on the prosecution team.
The judge said the Muluzi legal team’s reliance on the Constitutional Court judgement was misplaced.
Kamwambe’s ruling excited the prosecution team who asked for an adjournment to allow Nyamilandu lead them against Muluzi and his co-accused, Lyness Violet Whisky, his former personal assistant. The matter has been adjourned to this morning.
“Now that the ruling has been made in [Nyamilandu’s] favour, he really has to come back to court as lead counsel and the prosecution [team] has to rearrange itself again,” said Clement Mwala before asking the court for an adjournment to Tuesday.
In the ruling, Kamwambe observed that the Constitutional Court ruling the Muluzi legal team referred to was actually delivered in March and wondered why the defence brought the preliminary matter on Wednesday last week without a notice to court and Nyamilandu.
Nyamilandu had on Wednesday explained that he is appearing in the Muluzi case in a public, and not private, capacity which the Constitutional Court dealt with.
Meanwhile, Muluzi and Whisky, who both deny the corruption charges, are expected in the dock today (Tuesday).