The High Court sitting in Blantyre has found business tycoon Thomson Mpinganjira with a case to answer for allegedly attempting to bribe five High Court judges sitting as a Constitutional Court in the presidential election nullification case.
The ruling was made on Thursday, 15th April 2021 morning by the High Court Judge Dorothy DeGabrielle.
Meanwhile, the case has been adjourned to May 11, 2021 and the accused remains on bail.
COURT RULLING IN DETAILS
Judge Dorothy Degabrielle has started giving a ruling in the attempted judge bribery case against Dr Thom Mpinganjira.
According to Degabrielle, the accused is answering six charges under the Corrupt Practices Act.
The charges are as follows:
- Offering an advantage to a public Officer.
- Attempting to induce a public officer to perform his or her functions corruptly inorder for the five judges to rule in favour of Former President Peter Mutharika.
- Attempting to induce a public Officer to abuse his office.
- Offering an advantage to a public officer.
He is accused of offering a certain amount of money to the five judges as an inducement to decide a case in favour of Mutharika.
- Attempting to induce a Public Officer to perform his duties corruptly.
- Attempting to induce a public officer to abuse his office.
The accused pleaded not guilty and the state paraded six witnesses.
She says both lawyers for defense and prosecution have filed submissions on whether or not there C a case to answer.
Mpinganjiracase
Here are the submissions by the defense on no case to answer against Mpinganjira.
- It is imperative for the court to hear the case independently despite having judges as witnesses.
- The court must refrain to treat the evidence by the judges positively.
However, Degabrielle feels the caution by the defense was made with a picture that the court was not doing its work independently.
She adds that to caution the court is undermining the ability of the court.
She has since made an assurance that the court will be impartial.
She says the court will make its determination based on evidence and the court has never treated the case as a special matter.
MPINGANJIRA’S CASE
. Notable figures who presented themselves at the court are Reyneck Matemba, former ACB Director, now Solicitor General and Leston Mulli, Managing Director of Mulli Brothers Limited.
Here is the continuation of submissions by the defense on the case to answer against Mpinganjira.
2.The defense asked the court to deal with matters before it.
This was in reference to application for the plea bargain.
However, Degabrielle says the court was not given full details of the plea bargain.
She adds that there was no need to raise this issue because the court was never made aware of the resolution of the plea bargain.
- The defense argues that the accused person was arrested by trick.
But the court feels the accused was duly represented during the arrest since he had three lawyers.
The judge feels that if the matter was so serious it could have been brought during plea.
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