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| Front Page |
| Court acquits Gwanda’s secretary |
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by
Mc Donald Chapalapata, 17 July 2003
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17:44:59
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Lilongwe Principal Magistrate Chifundo Kachale on Thursday acquitted MCP Vice President Gwanda Chakuamba’s personal secretary Grace Mhango on two counts of forgery and insulting the president.
But Mhango together with her boss Chakuamba who face the same counts but are being tried separately, cannot start celebrating because the court found that she still has got a case to answer the other two counts: uttering a false document and defamation.
Kachale said in his ruling that the State failed to establish essential elements to prove that Mhango forged a letter purportedly authored by President Bakili Muluzi on the intensification of the failed Third Term Bill.
“With greatest respect to the learned Director of Public Prosecutions (DPP) and his prosecution team, there has not been produced before this court one iota of evidence to prove or even suggest that the accused made or materially altered the document now in issue,” sad Kachale.
He said the court decided to acquit Mhango on the count of insulting the president contrary to section 4 of the Protected Flag, Emblems and Names Act because it was an alternative to the count of libel.
“Having found a prima facie case on the count of libel, the court could not uphold an alternative charge (of insulting the president) simultaneously,” said Kachale.
He said several critical questions exercised the mind of the court on the count of insulting the president such as the constitutionality of the offence in relation to the constitutional guarantees of the freedom of expression and opinion.
However, Kachale said the court, on the evidence adduced to it has found that Mhango has a case to answer on two counts of uttering a false document and libel and said she had a right to defend herself or remain silent.
Chakuamba who has been attending the proceedings of the case declined to comment saying the case is still going on.
Mhango also refused to comment on the ruling.
Her lawyer Rodrick Makono said he was positive that Mhango would be acquitted when she defends herself in the matter.
Principal State Advocate Pacharo Kayira said the State is waiting to hear
Mhango’s defence and see how it would progress.
President Bakili Muluzi already testified in the case on March 13 where he denied authorship of the secret memo.
If convicted on the two counts, Mhango risks a maximum prison term of 10 years.
Kachale set August 11 for the court to hear Mhango’s defence.
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