ACB accuses Prince Henderson of delaying corruption case through endless preliminary objections
The Anti-Corruption Bureau (ACB) has accused corruption suspect, Prince Henderson, of delaying his corruption case through endless preliminary objections.
However, the Bureau’s Principal Public Relations Officer, Egrita Ndala, has indicated that hearing of the case will resume at the Chief Resident Magistrate Court in Zomba when a new date has been set.
ACB arrested journalist Prince Henderson on allegations that, together with other politicians, he influenced the awarding of a contract worth MK200 million for the supply of fertilizer to Optichem without following procedures.
According to the statement, which the Bureau issued in relation to this matter, ACB conducted an investigation, which established that Priwil General Dealers, a company belonging to Prince Henderson and Willy Herbert Chimulirenji, uttered false documents from Catholic Relief Services, Catholic Development Commission in Malawi, Food and Agriculture Organization (FAO) and FDH Bank, in their bid documents to win a contract to supply fertilizer worth K76 million to Malawi Prison Service.
Ndala disclosed that after the arrest in 2022, Henderson was taken before the Senior Resident Magistrate (SRM) Court in Lilongwe where he pleaded not guilty to offences of forging and uttering false bid documents.
“The matter was then transferred to the Chief Resident Magistrate (CRM) court in Zomba. When the case was first called before the CRM, Prince Henderson through his lawyer from Banda and Banda raised a preliminary issue. He argued that the Bureau has no mandate to prosecute offences other than those from the CPA. After hearing arguments from both parties, the CRM ruled that the Bureau through its prosecutors, who are appointed public prosecutors by the DPP to prosecute offences under the CPA and any other written law, can prosecute offences outside the CPA including those under the Penal Code with which the accused is charged.
“Prince Henderson, not satisfied with the ruling delivered by the CRM, sought a stay and review of the CRM’s decision in the High Country. The High court after hearing both parties upheld the CRM decision and ordered that the matter be remitted back to the CRM for the hearing of the case,” she explained.
“Back in the CRM, the state paraded one witness before Prince Henderson applied for another stay of hearing the case pending an appeal that he had filed in the Supreme Court. On 2nd May 2024, the Supreme Court dismissed the appeal and quashed the stay. It ordered remittance of the case back to the CRM for continuation of the hearing.
“In conclusion, one witness has testified. The case generally has been delayed by the preliminary objection, the application for review and appeal thereon by the accused. Hearing will resume in the CRM in Zomba when a new date is set,” concluded Ndala.
