Sattar at the centre of it all
* The Supreme Court of Appeal should have allowed the ACB to go through the evidence that the NCA gathered for it to determine whether they hold water or not as opposed to just throwing it away outright
By Duncan Mlanjira
All Africa Conference of Churches (AACC) Economic Justice, Transparency & Accountability champion in Malawi, Rev. Baxton Maulidi is in agreement with the observation made by US Embassy Chief of Mission, Amy Diaz, who has faulted Malawi for foot-dragging in prosecuting corruption cases linked to UK-based Malawian businessman, Zuneth Sattar.
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The Nation newspaper reported over the weekend quoting Diaz describing as “out of the norm” the ruling by the Malawi Supreme Court of Appeal last week that barred the Anti-Corruption Bureau (ACB) from using evidence generated by UK’s National Crimes Agency (NCA).
Yet in the operation that the NCA carried out after the arrest of Sattar in UK, the ACB was fully involved when the British law enforcement agency raided Sattar’s homes in Malawi looking for more evidence.
Diaz disclosed that the US also has “overwhelming evidence” of corruption involving some officials who if they were tried in the US, they would easily be convicted.
“I mean quite frankly, I believe wholeheartedly that the people of Malawi deserved more and they deserve accountability,” she was quoted as saying. “I think the hardest part of my time here is watching Malawians grow poorer and that happens because of corruption.”
On the Supreme Court ruling, Diaz told The Nation that blocking use of NCA evidence was “out of the norm” and defeated the purpose of collaboration between and among nations on investigation and intelligence.
“The Government of Malawi needs cooperation,” she told The Nation. “We share information and if we believe an American is doing something illegal concerning Malawi, the first step is to share information.”
This is what Rev. Maulidi is in agreement with, emphasising that the Supreme Court of Appeal should have allowed the ACB to go through the evidence that the NCA gathered for it to determine whether they hold water or not as opposed to just throwing it away outright.
Rev. Baxton Maulidi
“It’s so suspicious that a high profile case like this one, which was being investigated by such a reputable law enforcement agency like the NCA, should be ignored when evidence that was unearthed implicated some individuals in Malawi.
“Why is the ACB being stopped from using that evidence yet we publicly declared that we want to curb corruption in this country? We are not walking the talk at all — in fact it’s like we are trying to justify evil.
“We need to rescue Malawians from poverty and this is the time to make a strong stand in the fight against corruption by allowing the ACB to use every evidence possible to prosecute corruption cases.
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“It’s like we are trying to fuel corruption because the Court has set a wrong precedent here where others are going to use in their corrupt means to escape prosecution,”said Rev. Maulidi.
He stressed that Malawians deserve better, saying this coverup is going to hurt them much. He also asked Malawians to “not just watch developments like this to unfold but to voice out their concerns” rather than leaving it to foreign envoys like Diaz.
Meanwhile, People’s Transformation Party (PERRA) president, who is a lawyer by profession, also agrees with Diaz and Rev. Maulidi by describing the Supreme Court’s ruling as a “dangerous precedent”.
In an articled published in The Nation today, Chibambo observed that the ruling ignored clear evidence of the ACB’s efforts to seek cooperation through the Attorney General’s office and obtain mutual legal assistance from the NCA.
