The Chief Resident Magistrate’s Court in Lilongwe has this afternoon dismissed the charge sheet against Democratic Progressive Party Vice President for the Center, Alfred Ruwan Gangata for being defective.
Delivering his ruling, Chief Resident Magistrate Austin Banda agreed with the defence that the charge sheet against Gangata did not specify the actual acts or omissions which amounted to “deceit or other fraudulent means” as to enable the accused to understand fully the charges he is facing and also to fully prepare for his defence.
“Other fraudulent means is a technical word and it requires that the state informs the accused the acts ir omissions which he did which amount to fraud. I also find that the Statement of Offence lacks particulars as to what acts were done by the person allegedly induced by the accused, which the state alleges he was lawfully entitled not to do. I therefore direct and order that the State should go back and draft the charge sheet and include specific particulars of the acts which are alleged to have been committed by the accused,” said Banda in his ruling.
Gangata, who was being represented by lawyers Bob Chimkango, Khwima Mchizi, Zwelithini Chipembere and Stanley Chirwa is answering charges of having obtained a Malawi School Certificate by fraudulent means, a charge he denies.
