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Saturday, April 08, 2006

Malawi ex-President Muluzi faces arrest

April 8, 2006, 9 hours, 21 minutes and 37 seconds ago.


Former Head of State Bakili Muluzi is expected to be arrested once he comes back from the United Kingdom if the current sitting of the National Assembly passes the Money Laundering and Proceeds of Dangerous Crimes Bill, Weekend Nation can reveal.

Former Head of State Bakili Muluzi is expected to be arrested once he comes back from the United Kingdom if the current sitting of the National Assembly passes the Money Laundering and Proceeds of Dangerous Crimes Bill, Weekend Nation can reveal.
A senior government lawyer said on Wednesday the current law was limiting government agencies to move on Muluzi on some matters they have against him.
“If that bill passes into law it will give these agencies more leverage to move,” said the lawyer.
“His arrest is quite obvious.”
“I am not saying this law is meant for him, or government had him in mind when bringing the piece of legislation to the National Assembly but it will simply catch up with him on some issues,” explained the lawyer. “In fact, this bill has been on the shelve since Muluzi’s time as head of state. It is only now that it will be deliberated on.”
The lawyer cited the case where Muluzi is accused of pocketing about K1.4 billion public funds as one of the issues where the Money Laundering and Proceeds from Dangerous Crimes act is needed.
“Of course, some of the delays in the issues have been caused by the complexity of the investigations but the absence of this law has been quite an impediment to act,” said the lawyer.
Director of Public Prosecutions Ishmael Wadi said he could not comment on the issue because he did not have information relating to the issues in question.“Maybe the ACB would have the information,” said Wadi.
We tried to contact ACB Director Gustav Kaliwo but his phone went answered for a couple of days this week. However, ACB spokesperson Egritta Ndala is on record as having said in January this year the Money Laundering act would really assist the bureau to corner Muluzi on the K1.4 billion issue.
“The bureau will be analysing the totality of the evidence in accordance with the Corrupt Practices Act. However, the Money Laundering Act would be helpful in such cases if it was in place,” said Ndala.
ACB, covered by heavily armed policemen, early this year simultaneously raided Muluzi’s residences—BCA Hill in Limbe, Area 43 in Lilongwe and Kapoloma in Machinga—and confiscated assorted items including computers, bank cheques and bank instructions. Kaliwo said the bureau was looking for information relating to the K1.4 billion from foreign donors and local private firms which Muluzi is suspected to have deposited in a personal account while serving as state president.
Kaliwo said ACB made the move after Muluzi obtained a court injunction stopping his appearance at ACB offices where he was expected to account for transactions he had with the Republic of China, Libya, the Kingdom of Morocco and some foreign organisations.Two weeks ago Kaliwo said a British expert had finished analysing data on the confiscated computers and that ACB was just waiting for Muluzi to explain a few loose ends to the issue.
UDF deputy publicity secretary Mary Kaphwereza Banda, reacting to the development, accused President Bingu wa Mutharika of using ACB to harass and embarrass the former head of state. Kaliwo dismissed Kaphwereza Banda’s sentiments as “senseless”.“Those are senseless statements,” he said. “Searches are routine exercises. Even Muluzi presided over the search of the first head of state, the late Kamuzu Banda, was he harassing him then?”
But the K1.4 billion issue is only one of the cases for which Muluzi may end up in jail. ACB also wants the former president to answer for abuse of office for letting off the hook Shabir Suleman, a business person who was serving a five-year jail term for attempting to bribe Judge Maxon Mkandawire with K1 million. Suleman was convicted in March 2004.
A highly placed source confided in the Weekend Nation, investigations were already concluded and a report was already written which includes letters which Muluzi wrote to facilitate the release of Suleman who is reportedly in Dubai.
“I think what is remaining is for the ACB to arrest Muluzi and charge him with abuse of office,” said the source. “This would have already happened if Muluzi had not left the country for medical attention in the United Kingdom.”
Deputy Commissioner of Prisons McDonald Chaona confirmed that Muluzi pardoned Suleman on May 13, 2004, 11 days before he left office.
“Suleman’s brother wrote a letter to Muluzi on May 13, informing him that Suleman had been sick ever since he went to prison. The former President then directed that Suleman should be released and taken out of the country for treatment,” said Chaona.
He said Muluzi signed the pardon order between May 16 and 17 May, 2004. This was just a day before the general elections which were scheduled to take place on May 18 but were later pushed to May 20.
ACB is also probing Muluzi on how he built the multi-million Keza Office Park in Blantyre which has since been sold to a petroleum products firm, Petroda.Kaliwo was quoted on Monday this week as having said that investigations were at a very advanced stage.
“Maybe the only problem we may have is to repossess the property because it got sold off but let us see how we will cross the bridge once we reach there.”

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