By Chisomo Phiri
The High Court in Lilongwe on Friday rejected an application by businessperson Leston Mulli,challenging the State’s decision to hire private practice lawyers, Enock Chibwana and George Liwimbi, to assist in prosecuting a case in which he and two others are being accused of conspiring to defraud the government of K16 billion through Malawi Savings Bank (MSB).
Mulli argued that the State flouted procurement procedures in hiring the two private lawyers.
However, High Court Judge Violet Chipao ruled against Mulli’s application and also denied his request for leave to appeal the matter at the Supreme Court.
The defence then filed another application to have the case referred to the Constitutional Court.
Director of Public Prosecutions (DPP) Masauko Chamkakala explained that this is so because the issues involve loan repayments and should be treated as civil matters, not subject to criminal prosecution.
He said the court is expected to rule on this fresh application on January 20,2025.
