High Court in Blantyre has reserved in its ruling to January in which former Head of State Peter Mutharika is seeking for an order to have the Anti-Corruption Bureau (ACB) unfreeze his bank account.
In august this year, the ACB served Standard Bank with a restriction notice valid for 3 months on a personal account of Mutharika and another, a joint account with his wife Gertrude.
According to Samuel Tembenu, lawyer representing Mutharika, the restriction expired on November 7, 2020 but was still in effect, hence the move to drag ACB to court.
Speaking after the adjournment of the case, Tembenu accused ACB of practicing “High level of crookedness”
He further accused the ACB of gong behind its back to obtain an extension of the restriction.
But Victor Chiwala, Chief legal and Prosecution officer for ACB has played down the concerns by Tembenu saying they can appeal if unhappy with the decision by the bureau to renew the restriction notice.
According to Tembenu, however, the ACB flouted procedure in proceeding with the extension when there was already another case in court in which Mutharika is challenging the freezing of his bank accounts.
Responding on the application to unfreeze the bank accounts for Mutharika, Chiwala doing so it shall mean that the case has been closed because there will be no evidence.
Chiwala further said if Mutharika is also allowed to use his accounts, it will be difficult for the state to recover the money if Mutharika is found guilty.