High Court judge Mclean Kamwambe on Monday cleared ACB deputy director for prosecutions David Nyamilandu to sit on the prosecution team in the K1.7 billion graft case of former president Bakili Muluzi.
Last Wednesday, one of Muluzi 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 grounds that Nyamilandu, who was not in court on today (Monday), should not sit on the prosecution team saying the Muluzi’s counsel team reliance on the Constitutional Court judgment was misplaced.
Kamwambe’s ruling excited the prosecution team who asked for an adjournment to allow Nyamilandu lead the prosecution against Muluzi and his co-accused Lyness Violet Whisky. The matter has been adjourned to Tuesday.
“Counsel Nyamilandu is not at the bar. He was not sure of the outcome of the ruling and the embarrassment that he would have gone through had the court ruled he was ineligible.
“Now that the ruling has been made in his favour, he really has to come back to court as lead counsel and further the prosecution has to re-arrange itself again,” said Clement Mwala before asking the court for an adjournment to Tuesday.
—Commentary and more details read tomorrow’s The Nation.