ZODIAK ONLINE
Sect. 5, P/Bag 312
Lilongwe, Malawi
The State has defied a court order to provide disclosures in a case involving former minister of Trade Vitumbiko Mumba and Malawi Congress Party (MCP) spokesperson Jessie Kabwila who are answering a charge of publishing fake news likely to cause alarm to the public.
The two appeared in court for the plea taking but one of the defence lawyers Khwima Mchizi informed the court that the State was yet to serve the defence with disclosures to help prepare the suspects for plea taking.
Senior Resident Magistrate Bracious Kondowe faulted the State for failing to serve disclosures on the defence. He emphasized that the Court will not entertain non-compliance to court orders.
Kondowe stressed that he will not allow another adjournment on the basis that disclosures have not been submitted adding that the trial will be conducted in the same month of February.
State advocate Edward Partridge told the court that the state is arranging the documents were not ready as of today.
"The State sought an adjournment because the investigation team requested two weeks to finalise on a particular aspect of their investigation," he said.
As the prosecution, we are currently waiting for those documents to be submitted to the office of the Director of Public prosecutions after which the state will be ready to commence proceedings he added.
Defence lawyer Khwima Mchizi is optimistic that the state will now comply with the order to serve them with the disclosures by 10th February as directed by the court.
Mumba and Kabwila are accused of addressing a press briefing dubbed ‘We Got This' which allegedly made claims of electoral fraud against the Democratic Progressive Party before the official announcement of the 16 September elections.