Chief resident magistrate (South) Jean Kayira has committed to the High Court of Malawi a K16.5 billion tax evasion case involving Mapeto David Whitehead and Sons (DWS) Limited executives and two MRA customs officers.

Kayira, who has been appointed High Court judge, committed the matter to the High Court following a decision by Director of Public Prosecutions (DPP) Steve Kayuni to issue a summary procedure asking for the matter to be moved from the lower court.

However, the DPP’s certificate of summary procedure did not please the defence forcing lead lawyer John-Gift Mwakhwawa to rise for an early objection.

He said the defence team has was ambushed because the certificate was served in court.

Mwakhwawa objected: “The court should not allow such an ambush.”

But, despite the defence’s pleas, Kayuni continued to inform the court of the certificate he issued that Section 289 of the Criminal Procedure and Evidence Code gives him powers to issue it if the State considers that the matter fits for trial before the High Court.

Responding to the DPP’s certificate, another defence lawyer Fostino Maele argued that there is nothing they could do apart from allowing the court to determine on the matter.

After hearing from both sides, Kayira adjourned and committed the matter to the High Court and the registrar of the High Court and Supreme Court of Appeal will communicate a new date for the case to recommence.

“The trial of this matter will be conducted by the High Court and all the identified documents and goods will be committed together,” she said.

Earlier in the day, Kayira  dismissed the defence’s submission on Monday that she recuse herself from the case because of her appointment as High Court judge.

The submission came when the court had reconvened for trial after the High Court lifted an injunction which the defence obtained to stop the trial pending review.

Mapeto executives through Mwakhwawa and Maele argued on Monday that if Kayira continues presiding over the matter, it will create unnecessary legal issues since she is a High Court judge.

In her ruling, Kayira said the defence lawyers did not give good reasons for her to recuse herself and cited a number of cases where newly appointed judges continued hearing the matter before subordinate courts.

“The defence is entitled to raise issues of jurisdiction, but the fact that the matter are subordinate, is reviewable or such subject in the High Court. There will be no technical challenges in the reviewability of the matter,” she said.

On May 23 2021, Malawi Revenue Authority pounced on Mapeto DWS Limited and arrested five senior executives for multiple cases of alleged tax evasion was estimated at K10.8 billion before it was revised to about K16.4 billion.

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