The Director of Public Prosecution (DPP) has cleared former head of Intelligence Dr. Kenam Kalilani and his coconspirator, ex-State House Chief ICT Officer Chance Chingwalungwalu in the case the two are suspects of theft of intelligence systems and four computers in June this year.
Conferring to a confidential document from the Office of Director of Public Prosecution to different agencies and departments (MDAs) which Malawi24 has seen, it is unmistakable enough that Dr. Kenam Kalilani and his crime partner did not steal the four computers as purported, rather a false informer misled the security agencies resulting in the arrest of the two in July this year.
Malawi24 has learnt that Mary Kachale, who was until this week Director of Public Prosecution, advised law enforcers that the two can be prosecuted for failure to take a receipt after purchasing the computers from one of the supplier in the capital, Lilongwe.
When contacted, lawyers of the two accused, Madalitso Kausi of Doreen and Cuthbert Lawyers and William Chiwaya, expressed shock that in the first place, their clients were suspects of theft and that the case has failed to start with several adjournments only to hear that the state now wants their clients to be charged with failure to take a receipt.
“To my best understanding, I recognize that my clients were arrested for theft of computers and intelligence systems and the case was even being associated with treason , my clients have not been charged despite over four appearances in the courts to date , we already asked the court to dismiss the case to avoid wasting tax payers money as the State has told the court that it was not ready to start prosecution this case only to hear rumors that the state wants them tried for failure to get a receipt as per DPP proposal, this is pure witch hunt and political harassment for my clients having worked with the previous [Democratic Progressive Party (DPP)] government,” Kausi told this publication .
Kausi went on to say that his client requested for the receipt as per the Malawi Revenue Authority requirement when the four computers allegedly stolen were bought as the costs of purchasing them were inclusive of VAT but since the transaction was done using a postdated cheques, an arrangement was that the receipt would be collected after the cheques was cleared but with the busy schedule of my client, he failed to go back and collect the receipt as he was out of Lilongwe for month and he cannot collect it now as this would be seen as manipulation of evidence.
In a previous court appearance on November 2, 2020, prosecution team led by Dr. Mwabi Kalua of Police headquarters who was absent but represented by Prosecutor Chande asked the court to give them more time, before they start prosecuting former head of Intelligence, Dr. Kenam Kalilani and his accomplice.
During the 31 August court hearing, State asked for thirty days’ adjournment saying they were not ready and through with investigation when the two also appeared before the court to be formally charged and take plea.
In his ruling, Senior Residence Magistrate Viva Nyimba gave the State sixty-two days instead of the thirty days they requested, for them to be prepared well in readiness for commencement of the trial.
The two were arrested on 25th July, 2020 in Lilongwe and were taken to court where they were denied bail on 27th July, 2020 by the State, saying they would jeopardize investigations and were sent to Maula for remand for fourteen days (Two weeks).
Former National Intelligence Services boss Kalilani and State House ICT guru were granted bail on 10th August 2020 and one of their conditions for bail was to cooperate with police officers in further investigations.
With the new revelation from the office of Director of Public Prosecution, it is very clear that the state has no case levelled against the two.
Senior Resident Magistrate Viva Nyimba is expected to hear the matter to December 17.