Chilima likely to win his second legal round

BY BASHIR AL BASHIR

In the first round, the Corruption Bureau lost to Chilima by virtue of withdrawing the first 6 charges, retreating, a sign of accepting pending defeat. Now, in my court, I attest to the following new charge under bashirized examination:

“ACB accuses Chilima of demanding and receiving unspecified amounts of money for himself to influence a public officer to give his approval to the Malawi Police Service to enter into a contract with Xaviar Limited for the supply of food ration.” Now, look at the following words:

1. Demanding and Receiving UNSPECIFIED amounts of money
2. To INFLUENCE A PUBLIC OFFICER to give his approval to the Malawi Police Service

Under 1, courts go for specified narrative not vague narratives. The charge under question should have therefore had a specific amount under demand by the accused. That amount must be traced, and substantiated by the state and, that the accused cannot be ambushed in the court with the amount he must account. That being in absence thereof, I see the defense taking advantage of this weakness.

Under 2, under Xavier Contract under question, it involved the PPDA, ACB, the Minister of Home affairs and at last the President. What are the steps the contract took before approval:

a) ACB does the vetting and screening. In this case, they had no issues and gave greenlight to PPDA.

b) PPDA makes final screening and recommendations to award the contract to the minister responsible.

c) The minister makes his recommendations before the final approval

d) The president finally approves the contract.

So, in short, under the following scrutiny, the possible person Chilima would influence under these circumstances is the final approver of the contract, the president I presume. Under this circumstance, the President must narrate how he was influenced to award the contract to Xavier and be willing to testify in court of law.

Will the President come in as a witness? The President was also mentioned in another case of Chaima and Kambala where Chaima put on record that the President was sending him to get dubious contract in favour of a company of his interest, an allegation the President mummed on. It will be interesting seeing the President defending ACB where he failed to come and defend his name.

Under these two circumstances, I see a walk over by the defence team. Another loss in the offing.

Now, you must observe how the judge is operating. Sanity. First time in Malawi to make the President a custodian of a passport. That move is a signal of personal involvement of the President in the case as a supervisor of ACB and one who further championed investigations of this case. If I were a prophet, I am seeing ACB losing this case, the President, Chizuma, and ACB staff involved in this case compensating Chilima from their pockets.

But then I am neither a judge, lawyer, or prophet. I am just someone talking to himself.

The post Chilima likely to win his second legal round appeared first on Malawi Voice.