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The High Court in Blantyre on Monday granted bail to Vice-President Cassim Chilumpha and his alleged accomplices Rashid Nembo and Yusuf Matumula who were arrested two weeks ago on treason charges.
The State earlier objected to the bail application, saying there is a possibility that the three would evade trial, interfere with evidence and witnesses and that their release might disturb public order, among other grounds.
But in his ruling, Judge Charles Mkandawire said even though the three have resources they can use to evade trial, he does not see them doing so.
“The first applicant [Chilumpha] is still the Vice-President of this country and always guarded by State machinery and therefore can easily be monitored and all the three have family ties in Malawi and it can be a huge task for them to desert their families and leave in isolation somewhere else,” said Mkandawire.
He also said the evidence, as the State had earlier indicated, is in their possession, and all potential witnesses—the would-be-assassin and his accomplice—are based in South Africa, thereby making it difficult for the two sides to interact as they are now in close ties with the State.
“The assassin is said to be very sophisticated and well trained as he is a former military operative in South Africa. He is no ordinary person. I don’t think the applicants who have no military training can intimidate him. In fact, it would be the assassin intimidating the applicants,” said the judge.
He also said he does not believe the release of the three will disturb public order, saying the State already released other suspects and there was no public disorder.
“Why should the release of the three cause violence? There is even no record that the applicants are violent persons,” he said.
The judge also attacked the State for not furnishing the court with the recorded information and witness statements to make a sound decision as was the case with the recent treason charges involving UDF officials Abubakar Mbaya and MacDonald Symon.
“It would be a very bad precedent if the court just believes what is in the affidavit that there is strong evidence against the applicants without furnishing the court with such evidence,” said Mkandawire.
Chilumpha’s bail conditions are furnishing to the court with two sureties with K250,000 cash bond each, to be confined to his official residence in Mudi until the case is finished, not to leave Mudi without authority from the State President through the Office of President and Cabinet, to surrender his passport and travel documents to police, and to retain one official cellphone but should not communicate outside the country and the State could, if it wishes, monitor the communications.
Nembo and Matumula’s bail conditions include furnishing the court with two sureties each with a cash bond of K250,000 each, to surrender to police passports and travel documents, to report to the regional police headquarters every Monday and Friday, not to travel outside the country until the case is finished, not to travel outside Blantyre without permission from police and to have one cellphone for official use only.
The judge also ordered that only Chilumpha’s family, personal medical personnel, his legal team, government officials from his office, personal spiritual leader and security detail should visit him.
But his lawyer Fahad Assani asked the court to vary the conditions on the passports and visits, saying the passport should be surrendered to the court for fear that the State might interfere with them and that UDF officials should be allowed to visit Chilumpha as he is the acting chairman of the party.
But Mkandawire advised Assani to pursue the matter as a separate application to have the conditions varied.
After the ruling, Zione Ntaba representing the State, applied for leave to appeal against the ruling in the Supreme Court of Appeal and prayed for a stay order on the bail pending trial in the upper court.
Mkandawire granted the State leave to appeal but refused to grant a stay order, saying the matter can be pursued in the Supreme Court.
In an interview after the ruling, Chilumpha said he is happy with the judgement as it shows that the judiciary is working independently and that he believes he is being persecuted because he remained in UDF instead of joining President Bingu wa Mutharika’s Democratic Progressive Party (DPP).
Asked if he thinks he is going to come out of all this, Chilumpha only replied: “God is great.”
UDF spokesperson Sam Mpasu said the party is very happy that the three were released but disappointed that the UDF would not be allowed to visit Chilumpha at Mudi as the party’s acting chairman.
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