Mapeto tax evasion case stalls in three years: Why new APM leadership must revise corruption case?

BLANTYRE-(MaraviPost)-The MK16.5 billion tax evasion case against Mapeto David Whitehead and Sons (DWS) Limited executives and two Malawi Revenue Authority (MRA) customs officers is reportedly hit snag as there is no interest from Director of Public Prosecutions (DPP) to proceed with the matter in three years.

The accused persons including Mapeto DWS director Faizal Gaffar Latif, managing director Muhammed Gaffar, financial controller Abdul Rashid Bakali, procurement manager Yaseen Muhammad and general manager Martin Mpata.

Reports show that Mapeto Directors bribed also state not to proceed with the case while delaying the matter in court.

This comes after the High Court in October 2022 moved the case from criminal to revenue division.

The decision followed an application by the office of the Director of Public Prosecutions (DPP) and a notice issued by High Court Judge Ruth Chinangwa to have the matter tried at the High Court’s Revenue Registry.

Delivering the ruling in her chamber in that year in Blantyre in the absence of the accused persons’ lawyers, she said looking at the documents presented in court the matter needed to be tried by the High Court’s Revenue Division.

In an application filed by senior State advocate Siphosana Kajumie on behalf of the former DPP Steve Kayuni, the State said it noticed that most charges related to revenue matters.

Reads the skeleton argument in support of the application: “The present matter is an appropriate matter that should have been commenced in the Revenue Division of the High Court; hence, having noted that such was the case, the present application serves as an amendment to such anomaly as per Section 6 A (2) of the Courts Act.

But three years down the line, the case has not seen a day light in court while public resources are in the down the drain also.

When asked on update of the matter, one of the State lawyers, Modecai Msisha, said they have been always ready for the matter and will just wait for the court to set the date.

Besides Msisha, the State is also being represented by Kayuni, MRA lawyers Beatrice Mwangwela and Anthony Chungu as well as Financial Intelligence Authority legal manager Collin Chitsime.

On the other hand, the defence legal team comprises John-Gift Mwakhwawa, Pearson Wame, Fostino Maele and Fred Chipembere.

The case was committed to the High Court from the magistrates court on March 30 in 2022 following Kayuni’s decision to issue a summary procedure to have the case moved.

In May 23, 2021, MRA pounced on Mapeto DWS Limited and arrested five senior executives for multiple cases of alleged tax evasion that was estimated at MK10.8 billion before it was revised to MK16.5 billion.

Therefore, with the new leadership of President Peter Mutharika, the public expects such kind of cases to be concluded while claiming what belongs to Malawians.

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