Malawi ‘coup plotters’ get bail

The high court in Malawi granted bail today to eight suspects accused of plotting to overthrow the minority government of President Bingu wa Mutharika.

Judge Elton Singini ruled the eight, who have all been charged with treason and conspiracy to murder, be freed from custody because he could not "trust" documents tendered in court by prosecutors.

"The documents are not valid. They need to be authenticated," Singini told a packed courtroom in the capital Lilongwe.

The judge gave state prosecutors nine months to "organise its evidence" if it wanted to proceed with a trial before ordering the suspects to post a bail bond of 1,000 dollars each and report to police at regular intervals.

Prosecutors, led by director of public prosecutions Wezi Kayira last week, tendered evidence to the court which argued that the eight should not be released from detention for fear they would tamper with evidence.

Ian Malera, who led a team of defence lawyers argued in court that some of the documents tendered by the prosecution were "handwritten, faint and had no signatures and could not be ascertained or authenticated by any method".

Former army chief of staff Joseph Chimbayo and ex-police commander Joseph Aironi were among a group of eight people arrested last week after Mutharika voiced fears of a plot to topple him.

They were picked up in initial raids that also netted Kennedy Makwangwala, secretary-general of the former ruling United Democratic Front (UDF), and John Chikakwiya, the former mayor of the largest city Blantyre.

Three serving army brigadiers and another former police commissioner Mathews Masoapyola were picked up later after raids at properties in Blantyre.

News of the arrests comes only a day after a speech by Mutharika who said he had received intelligence that his predecessor Bakili Muluzi, his chief opponent in elections next year, was "planning to remove me through Section 65".

The president was referring to a controversial constitutional clause which has sparked heated debate in the southern African nation as it allows the speaker of parliament to sack lawmakers who have crossed the floor.

Mutharika’s minority government poached most of its MPs from the opposition and his rivals are now trying to pressure the speaker to sack the lawmakers and thus force the president out of office.