|
High Court Judge Justice Dunstain Mwaungulu on Monday ruled that two Blantyre businessmen Shabir Suleman and Aslam Osman have a case to answer on allegations that they attempted to bribe retired High Court Judge Maxon Mkandawire with K1 million ($9,260) last year.
Mwaungulu said evidence before him raises a case sufficiently requiring the two to make a defence.
“The evidence so far suggests Suleman made several offers to the judge presiding in a case where Suleman had interest. The evidence, in my judgement rises to the height where, without explanation, a reasonable tribunal of fact would convict,” said Mwaungulu in his one and half hour ruling.
“The evidence covers the elements of the offence and the facts in issue. Suleman and Osman should make a defence,” ordered Mwaungulu.
Mwaungulu also ruled that, in respect of Osman, the prosecution should amend the charge of gratification by corruptly offering Justice Mkandawire K1 million to reflect evidence that a crime was committed.
Suleman’s lawyer Richard Banda, former Chief Justice, asked if he could get an okay from Mwaungulu to appeal against his order, which Mwaungulu rejected.
“This is not the final decision of the court. It’s not appealable, you can appeal when the trial is over. I am not persuaded to change my mind on that,” said Mwaungulu.
He, however, told Banda to provide him with authorities in law (other cases) on why he thinks he should appeal in the case this afternoon.
Osman’s lawyer Emilias Dokali said he would wait until the prosecution amends the charge on his client before determining how to defend Osman.
|
