Six Key Points From Chilima’s Bail Variation Application Today

1. WHAT’S THE MATTER? : Vice President Dr. Saulos Klaus Chilima was back in court today where through his lawyers he made an application to vary some of his bail conditions. These conditions include the need to have the Vice President continue going to the ACB once every three months to meet a Receptionist, show his papers and return. The lawyers are also challenging the decision to seize his travelling documents.
2. RULING ON 1st AUGUST: Judge Redson Kapindu has set 1st August 2023 as the day he will rule on the application. This is also the same day that the Judge – in the previous court appearance – had set for plea and directions to commence.
3. ARGUMENTS BY THE DEFENCE: It serves no purpose, justification or satisfaction for a sitting Vice President to go to the ACB, show up his papers to a Receiptionist and return unless the aim is just to humiliate him. When the Vice President wants to travel outside Malawi, it is usually public knowledge and he has to seek authorisation from the Head of State. To this effect, the defence argued that siezing his Passport should not just be for the sake that this is how it is done without looking at the case at hand and the person involved. They added that the security detail that guards him reports to the Inspector General of Police as well as the Guard Commander at State House hence making it impossible for the Vice President to leave the country without the knowledge of the National security detail or the public.
4. ARGUMENTS BY THE PROSECUTION: The Prosecution is insisting that the conditions be maintained. They argued that for the ACB to know that the VP has not escaped he has to continue showing up once in three months at the ACB offices. They argued that even former Vice President Cassim Chilumpha when he was a sitting Vice President was required to report to police every week when he was answering treason charges. To which the Judge asked if the conditions are still being followed or what happened to the conditions or the case? The Prosecution replied it was not sure of the current status but that the state by itself applied to vary those conditions. The Prosecution also argued that the Police can not be trusted in the event that Dr. Chilima wanted to escape to which the Defence asked if this statement should go on record as a stand by the ACB that the Malawi Police Service is compromised.
5. HEATED/LIGHTER MOMENTS: There were moments when the arguements got tense that the Judge had to pose questions in a calm manner to understand what both parties were advancing. There were also lighter moments here and there.

At one point the Judge asked of a possible scenerio in the event that the Vice President wanted privacy from his security detail that he should not be followed to which the defence responded that the authorities at Area 30 and State House would still know and this could not in any way lead to escape. The Judge had also asked the Prosecution for a thorough explaination when they said the Vice President would leave the country together with his security and escape together an insinuation that raised questions of the Police not being reliable. As the debate on the arguement by the Prosecution that bail variation can’t be granted at this stage, eight months after the arrest – the Judge asked what would happen in the event that the President became incapacitated and the VP took over as President, would he still be coming here to fight for bail?

6. LIVE COVERAGE OF THE CASE: Zodiak Broadcasting Station through lawyer Ian Malera has applied to cover the proceedings live. At a later date, the Court will handle and determine the application.

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