Magalasi granted bail in 2 cases

Economist and Democratic Progressive Party (DPP) strategist Collins Magalasi yesterday walked to freedom after getting bail in two cases, including one of plotting to hack President Peter Mutharika’s phone.

In the other case, he is accused of benefitting from the proceeds of the controversial K128 billion Public Service Pension Trust Fund acquisition of Amaryllis Hotel in Blantyre.

Magalasi, who spent about two weeks in police custody albeit part of it in a private hospital, was granted bail yesterday by Lilongwe chief resident magistrate Austin Banda.

His lawyer Andy Kaonga applied for bail in both matters, citing the State’s failure to complete its preparations and Magalasi’s ill health.

Magalasi (C) being helped into

an ambulance. | Taonga Kaipa, Mana

Yesterday, Magalasi arrived from a private clinic where he was receiving treatment. He was seen alighting from a police Toyota LandCruiser pickup assisted by police officers and upon disembarking, he leaned against the vehicle for about five minutes before going to a waiting shelter for suspects.

Due to his condition, Kaonga asked the court to allow Magalasi to sit on a bench instead of standing in the dock. Banda granted the request and Magalasi remained seated throughout the proceedings.

Phone hacking case

In the case he is accused of being part of a plot to hack Mutharika’s phone, State prosecutor Prescott Mwayiulipo told the court that the State made significant progress in preparing the case for prosecution.

He said that the matter was at an advanced stage and that Magalasi will be asked to take plea.

“The process is at an advanced stage to the extent that the accused person can be asked to take plea,” he said.

Mwayiulipo said the investigator had examined some of the electronic gadgets seized in connection with the case, but had been unable to access Magalasi’s phone because it was protected by passcodes.

He left the decision on bail to the court while the State finalised its processes.

But Kaonga argued that the seven days the State previously requested to conclude its investigations elapsed and that there was no justification for keeping his client in custody.

Banda subsequently granted Magalasi bail, saying the court was of the view that he should be accorded his right to bail.

The magistrate said the State failed to provide sufficient reasons for continuing to keep Magalasi in custody and noted that he needed to seek medical attention.

The bail conditions include a K2.5 million bail bond, surrender of travel documents, two sureties bonded at K5 million each in non-cash amounts, reporting to Police Headquarters fortnightly and non-interference with State witnesses.

Amaryllis Hotel case

Kaonga also applied for bail in the case in which Magalasi and six others, including former State Residences chief of staff Prince Kapondamgaga are accused of obtaining K3.5 billion through the Amaryllis Hotel purchase transaction.

State lawyer Festus Sakanda opposed the application on the basis that Magalasi was a flight risk and should remain in custody.

He also argued that Magalasi could continue receiving medical treatment while in State custody.

But Kaonga rejected the State’s argument, saying it had not presented any evidence to demonstrate that Magalasi was a flight risk.

In his ruling, Banda agreed with the defence that the State did not produce evidence to demonstrate that Magalasi was a flight risk and granted him bail.

The conditions include a K1 million bail bond, two sureties bonded at K5 million each in non-cash amounts, reporting to Police Headquarters fortnightly and non-interference with State witnesses.

In both cases, the court ordered the State to serve the defence with disclosures before the next hearing, the date of which is yet to be set.

After his release on bail, Magalasi left the court premises in an ambulance from ZMK Medical Centre, where he is receiving treatment.

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