By Lovemore Khomo
Lilongwe Chief Resident Magistrate Court has dismissed the bail application for the former Salima Sugar chairperson Shirieesh Betgiri and directed that he remain in custody for the next seven days.
Shirieesh Betgiri appeared in court today where he was formally charged of fraud other than false pretenses contrary to section 319 A(b) of the penal code.
Immediately after hearing the charge, his defense made an application for bail.
However, delivering the ruling on the bail application, Chief Resident Magistrate Madalitso Chimwaza said it will not be in the interest of justice to release the accused on bail at this stage of the matter, and directed the accused be remanded in custody for seven days pending state investigations.
According to the State Prosecutor Dzikondiathu Malunda, between November 2017 to December 2020 Mr Betgiri borrowed a loan of $300 million from Dubai by deceit, that he was doing that for the expansion of Salima Sugar Company and detriment of Malawi Government, which was breaking the law.
State Prosecutor objected to the defense application citing that the accused would interfere with witnesses since the state is still conducting investigations.
Malunda informed the court that the accused person is a flight risk as there is no evidence that he owns property in the country, hence the need to keep him in custody.
However, defense lawyer Gift Katundu argued in court that granting bail to the accused is a right stipulated by section 42 b of the Constitution and that his client that does not know any of the witnesses in the case, and there is no evidence that he can unlawfully deal with them.
“The state has not provided any piece of evidence and keeping him in custody to wait for investigations will infringe his right to get a bail.” Argued Katundu.
