…Lin adamant on bail application despite being a proven flight risk…
LILONGWE-(MaraviPost)-As the bail hearing for convicted wildlife trafficker Yunhua Lin on fresh corruption charges is set for tomorrow, environmentalists and anti-corruption activists are calling on Festino Maele, recently appointed as Malawi’s Director of Public Prosecutions (DPP), to recuse himself from the case to avoid a conflict of interest.
Maere has been representing Lin in a corruption case in which the Chinese national is accused of attempting to bribe a High Court judge and prison officials to secure his release.
The case arose shortly after Lin’s controversial presidential pardon in July, which was followed by his re-arrest by the Anti-Corruption Bureau (ACB).
Flight Risk Concerns
Lin’s recent bail applications have been repeatedly denied over fears that he is a flight risk.
Last month, Principal Resident Magistrate Benjamin Chulu dismissed his application, agreeing with state prosecutor Peter Sambani from the ACB that Lin was likely to abscond trial.
Sambani argued that Lin’s family members — who were convicted alongside him — fled to China immediately after being pardoned, raising fears that Lin would do the same if granted bail.
This is not the first time Lin’s bid for freedom has been rejected.
In March last year, Deputy Chief Justice Lovemore Chikopa, sitting as a Supreme Court of Appeal judge, dismissed a similar application, echoing concerns over Lin’s flight risk.
In his ruling, Chikopa noted: “The state presented an affidavit by a police officer showing that while lawfully committed to prison, the applicant had been enjoying irregular time out. He is to that extent a flight risk.
If he can leave and return to prison at will while serving a sentence, there is nothing to stop him from leaving Malawi altogether and frustrating the final disposal of the anticipated appeal while on bail.”
Conflict of Interest Fears
Despite these previous court rejections, Lin — through Maele — has filed yet another bail application, set for hearing before the High Court on Friday.
However, Maere’s recent appointment as the country’s top prosecutor has sparked alarm among activists.
Environmental and anti-corruption advocates argue that his continued involvement in Lin’s case, or any other cases he previously handled as a private lawyer, could compromise the independence of the prosecution service.
“The appointment of Fostino Maele as DPP, while he has been representing a notorious wildlife convict, raises serious concerns about conflict of interest,” said Mathews Malata, a prominent environmentalist, in an interview with Maravi Post.
“To maintain public trust and uphold the rule of law, DPP Maere must recuse himself from any involvement in this case.”
Malata added that justice must be allowed to take its course without political or institutional interference.
“As a key member of the new government, DPP Maele has an opportunity to demonstrate his commitment to protecting our natural resources and upholding the rule of law.
“We hope the Democratic Progressive Party-led government will take environmental crimes seriously, in line with its manifesto,” he said.
International Scrutiny
Lin’s wildlife and corruption cases have drawn widespread international attention, becoming a litmus test for Malawi’s resolve in tackling wildlife trafficking and corruption.
Experts warn that poor handling of such high-profile cases could undermine donor confidence in a country already grappling with severe social and economic challenges, including acute hunger.
While the international community has commended Malawi’s judiciary for securing a landmark conviction and lengthy prison term against Lin, it has also criticized the former president Lazarus Chakwera’s decision to pardon him.
The UK-based Telegraph quoted Paul Mvula, a local governance and human rights advocate, who questioned whether Lin met the conditions for clemency — such as serving at least half his sentence and demonstrating good behavior.
New state charges now allege that Lin attempted to bribe a judge and prison officials while still in custody.
“This pardon raises serious governance issues,” Mvula told The Telegraph. “We believe the President may have been misinformed and urge a review and possible reversal of the clemency.”
A ranger from the Department of National Parks and Wildlife, speaking anonymously to The Telegraph, voiced concern that Lin’s release could embolden other traffickers and demoralize conservation workers.
“His arrest was a turning point,” the ranger said. “Letting him go undoes years of sacrifice by rangers and investigators.”
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