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Lilongwe Principal Magistrate Chifundo Kachale on Monday quashed an appeal by lawyer for Grace Mhango, personal assistant for MCP Vice President Gwanda Chakuamba, against a ruling where the court acquitted her only on two counts.
Mhango who was initially facing four counts was relieved of two counts of forgery and insulting the president but the court said she has a case to answer on the counts of uttering a false document and defamation.
Her Lawyer Rodrick Makono told the court that he was intending to appeal against the ruling to the High Court.
But lawyer representing the state, Principal State Advocate Pacharo Kayira objected to the defence intention to appeal on the grounds that an appeal is not permissible on an interim order.
“It is not permissible to appeal against an interim order of the court. Appeal can only be made on the final judgment of the matter. No appeal lies against an intermediate order of the court,” said Kayira.
In his ruling, Kachale agreed with the State and quashed the intention to appeal against his preliminary order saying such appeals are not allowed to avoid delaying the matter.
“Otherwise the court has an obligation to ensure that the public’s legitimate expectation to get to the end of the case is fulfilled without compromising the defendant’s right to a fair trail.
“The present appeal lacks legal authority. The legal rationale behind the insistence against appeals on interim objections is that at the end of the whole case any aggrieved person can rely on such irregularities for a final appeal. So the appeal or a move to appeal is overruled as being misconceived,” said Kachale.
The ruling was made in the presence of some MCP supporters. Chakuamba, who came for mention and had his bail extended to September 17 when he is also expected to appear before the court, was also present.
Chakuamba’s case, which has similar charges to those of Mhango, will only be heard after the completion of his personal assistant’s case.
Meanwhile Mhango’s case will has been adjourned to September 1 when she is expected to defend herself.
If convicted on the two counts, Mhango faces a maximum prison term of 10 years.
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