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| National |
| Blantyre mayor has cases to answer |
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by
Pilirani Semu-Banda, 15 February 2005
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16:04:37
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The Blantyre Magistrates court on Monday said the state has established the elements necessary to accuse Blantyre City Mayor John Chikakwiya of theft by public servant and abuse of office and it is now up to him to enter his defence in the matter.
Chikakwiya was arrested last December on allegations that he got money from Bakhressa Grain and Milling Company under the pretext that the money would be used to fix some roads in the city and went through a court process which saw state lawyer Primrose Chimwaza parading 11 witnesses against him.
Chief resident magistrate David Kadwa said in his ruling on whether to acquit Chikakwiya that the prosecution need not prove the elements of the case beyond reasonable doubt but that the evidence should be such that without a “reasonable tribunal” could convict the mayor.
Kadwa said the defence, through lawyer Kalekeni Kaphale, managed to “vigorously” contend that the accused’s actions were not arbitrary and that since the accused can account for the K400,000, ($3,700) the Blantyre City Assembly has not been prejudiced.
He said the defence indicated that this then meant that the elements of the offence have not been proved.
“But I have no doubt that the prosecution have established the elements requisite in both counts sufficiently to require the accused to enter his defence and I, therefore, order accordingly,” said Kadwa.
Kaphale indicated to the magistrate that the defence will call witnesses but went on to request a copy of the whole court record on the proceedings so as to study it before bringing in Chikakwiya’s defence.
Kadwa said he was going to provide the record and set March 8 as the date when the defence should bring its witnesses. The case has been scheduled to run for two days.
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