- The case has been committed to High Court and defense Lawyer was denied bail hearing by Senior Resident Magistrate Court
- Kandoje charged with two counts is expected to apply for bail on Monday
The Malawi's Former Accountant General David Bill Kandoje will spend four nights in police custody as his lawyer failed to convince Lilongwe Senior Resident Magistrate Court to hear the bail application after the case had already been committed to High court.
Kandoje, who was arrested on Thursday 26th March, 205 worked as Malawi Accountant General, appeared this Friday evening before Senior Resident Magistrate Patrick Chirwa for formal charge.
Immediately the court had read out his charges and understood by the defendant, the state prosecutor Imrani Saidi prayed that the case be committed to High Court arguing that circumstances and nature of the offense would be better in jurisdiction of the constitutional court.
Successfully, Senior Resident Magistrate Chirwa accepted the application by issuing a certificate of referring the matter to High Court.
However, defense counsel Khumbo Bonzo Soko asked the court to hear bail application. But Snr Patrick Chirwa while acknowledging that it is everyone’s right to apply for a bail but was quick to mention that having committed the case to proceed in High Court puts the lower court in a tricky situation and therefore could not hear bail application until such a time when the high court will make determination in such circumstances.
In an interview, the defense said would commence with bail application on Monday at the High Court.
David Bill Kandoje has been formally charged with two counts of Abuse of Public Office contrary to section 25B (1) of Corrupt Practices Act and Theft by Person Contrary to Section 283 (1) of the Penal Code.
The first charge particulars are that “David Kandoje in or around August 2013, being a public officer named Accountant General abused his office or position status authority as public officer by signing a cheque numbered 016148 containing the sum of K244 Million and another cheque numbered 016149 containing the sum of K255 property of Malawi government to his personal advantage and for the advantage of Stanford Mpoola the registered owner of Staddal Building Contractors when said Stanford Mpoola had not through his company provided any goods or rendered any services to government.
The particulars of second charge reads, “David Kandoje being person employed in the public service namely Accountant General stored K500 million property of Malawi government and that happened under his controlling custody.”
Kandoje was arrested on Thursday 26th July by Anti-Corruption Bureau (ACB).
In a statement, the bureau said on 12th September, 2013, the Anti-Corruption Bureau received a complaint alleging that Government Officers at Capital Hill were making illegal entries in the Integrated Financial Management Information System (IFMIS). But investigations by te bureau established that Mr. David Kandoje, the then Accountant General authorised payment of two cheques amounting to MK500m payable to Staddal Building Contractors without appropriate supporting documents.
The bureau further indicated that it was likely to charge him wit; One count of abuse of public office contrary to Section 25 B (1) of the Corrupt Practices Act; One count of procuring of a person for the improper payment of public money contrary to Section 88 g (1) of the Public Finance Management Act; and One count of theft contrary to Section 178 as read with Section 21 of the Penal Code.
