The Senior Resident Magistrate Court sitting in Blantyre on Thursday dismissed an application by businessman Abdul Karim Batatawala and others to discharge their case.
The application for discharge was filed by Batatawala and orally supported by his co-accused on the basis that if the court was going to discharge the first accused, they too be discharged.
Batatawala, alongside former Department of Immigration and Citizenship Services chief last year, immigration officer Elvis Thodi, Immigration’s commissioner responsible for operations Fletcher Nyirenda and deputy director Limbani Chawinga are being accused of conspiracy to defraud and money laundering, among other charges.
The Anti-Corruption Bureau (ACB), after parading eight witnesses, in September made the application to amend the charge sheet by bringing new counts and making new disclosures in the form of sworn statements recorded in August when the trial was underway.
This did not go well with the accused because they felt that the Financial Crimes Act was being applied retrospectively on some charges they are answering.
Lawyers representing the accused said the bureau’s application, if allowed, would subject their clients to unfair trial.
Batatawala’s lawyers argued that the application for amendment of the charges was incompetent because it does not comply with the provisions of Section 151 (2) of the Criminal Procedure and Evidence Code.
He said the bureau recorded statements from additional witnesses as late as August when the trial was well underway, arguing allowing this application would be the same as allowing the State to do this every time they feel their case is collapsing.
But ACB, represented by Imran Saidi, insisted their application was competent and asked the court to allow them to make the amendment, arguing issues that came up during the trial necessitated them to consider the amendment.
He argued that they were bringing in facts they missed, asking the court to disregard the defence’s arguments.
On Thursday, Magistrate Martin Chipofya asked lawyers for the accused to address it to justify their convictions that there are constitutional issues requiring referral to the Chief Justice for certification.
Chipofya said he felt the accused have issues with retrospective application of the Financial Crimes Act, mainly with Batatawala who at first wanted the case referred to the Chief Justice for certification as Constitutional Court, but withdrew.
