By Vincent Phiri
Jailed former Education minister in the UDF government Sam Mpasu Tuesday appeared at the High Court in Blantyre where he is challenging the Lilongwe Magistrate Court’s six-year prison sentence after being found guilty of playing a role in the Fieldyork International Education scam.
Mpasu arrived at the court around 9am in a prison van, and was handcuffed together with seven other prisoners most of whom were convicted and sentenced over defilement and rape cases.
At the court, Mpasu’s wife Linda, welcomed him but there was nobody from his UDF party apart from businessman Yusuf Matumula who came few minutes before the court proceedings started.
Looking composed and confident, the UDF guru exchanged stories with his fellow prisoners, few journalists that were present at the court and prison warders in a courtroom that was patronised by few people.
After Judge Joseph Manyungwa took his seat, Mpasu’s legal team of John Gift Mwakhwawa and Tamando Chokhotho asked the court to consider hearing the appeal case on July 31, 2008 since the files containing grounds of appeal reached the court very late.
“Following the lengthy discussions that we had in your chambers my Lord, the general understanding was that you must be given ample time to peruse the files. Therefore, we are asking you to consider rescheduling the hearing to Thursday next week, 31st July, 2008,” said Mwakhwawa.
Without wasting much time, lawyer representing the state in the case Steven Kayuni told the court that Mwakhwawa’s plea was in order and the state had the same line of thought.
Then Manyungwa took some few minutes before developing and reading his determination that was expected by both Kayuni and Mpasu’s legal team since they had earlier agreed on the same in the judge’s chamber.
“The case files were brought to me at as late as 4pm yesterday [Monday]. I raised my complaint about inadequate time to both parties after receiving the case file. Looking at how bulky the file is, I knew that it could be difficult for me to peruse it overnight.
“I, therefore, adjourn the case to Thursday next week, 31st July, 2008, and I hope that is in order considering the earlier discussions that we had in my chambers,” said Manyungwa.
According to court records, Mpasu--a former Speaker of Parliament, cabinet minister, UDF secretary general and spokesman--is appealing on 21 grounds against both the conviction and sentence.
Lilongwe Chief Resident Magistrate Chifundo Kachale convicted Mpasu on three counts of abuse of office for insisting that Ministry of Education procure textbooks and supplies from the United Kingdom based company.
The petition of appeal filed by Mwakhwawa indicated 10 grounds against the conviction and 11 against the sentence, which are subject to amendments.
