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High Court Judge Redson Kapindu has failed to deliver a ruling on whether Henry Odillo former MDF Commander and 3 others have a case to answer or not in the Cashgate case.
Odilo, MDF Deputy Commander Clement Kafuwa, former Accountant General David Kandoje and Ganizani Kuchombo are being accused of fraudulently paying arms supplier Thuso Group about K2 billion for a contract despite not supplying the arms.
The ruling failed after the Defense applied for extra days to file their submissions before the Court can determine on whether there is case to answer.
Kamudoni Nyasulu State Prosecutor said the defense has asked for 7 to 14 days to file their submissions.
The State has Tuesday morning finally wound up a K2 billion cashgate caseagainst former Army Commander General Henry Odillo and three others.
Odillo: Former Auditor General Stephenson Kamphasa conceded in court that there was no evidence from the Baker Tilly forensic audit report implicating Odillo in a conspiracy to defraud the State.
In the case that started over four years ago, Odillo, former Malawi Defence Force (MDF) deputy commander Clement Kafuwa, former Accountant General David Kandoje and Ganizani Kuchombo, are accused of fraudulently paying arms supplier Thuso Group about K2 billion for a non-existent contract.
The prosecution has paraded 27 witnesses and the case has come to an end after State paraded its last witness who is Anti-Corruption Bureau (ACB) chief investigations officer Florence Phiri.
Justice Redson Kapindu has given the State and defence 30 days to make submissions in a case involving former commander of the Malawi Defence Force (MDF), Henry Odillo, in which, together with three others, is being accused of fraudulently paying about K2 billion to an arms’ supplier for a service not rendered.
Oddilo, Clement Kafuwa (former MDF accountant), Nelson Kauwa Banda and one Ganizani Kuchombo are suspected to have committed the offence in 2013.
On Tuesday, the case entered the court where the State, led by Kamudoni Nyasulu, paraded its 27th witness, before Kapindu directed the two sides to make submissions by May 7 2021, to determine whether the accused have a case to answer or not.
March 17, 2021 Wongani Chiuta-n Nyasa Times 8 Comments
Former Malawi Defence Force (MDF) general Henry Odillo is back in the High Court in Lilongwe to answer charges of theft of public money.
Odillo: Not part of the committee that awarded contracts to suppliers like Thuso Group
Odillo, 56, is facing charges alongside former deputy commander Clement Kafuwa, 66, former Accountant General David Kandoje and Ganizani Kuchombo, 42.
The four are accused of sanctioning payments to Thuso Group, a South Africa-based business group which prosecutors say was a fake military equipment supplier and, allegedly, invoiced and received pay from MDF amounting to K920 000 000 and ZAR30 000 000 (K1.5 billion) for supply of ammunition which they did not deliver.