High Court Judge Redson Kapindu has asked both parties in a case involving former Lands Minister Kezzie Msukwa alongside Ashok Nair to present final submissions by Friday this week.
Msukwa applied for judicial review about an order of stay against his arrest which he was granted by High Judge Zione Ntaba in Zomba.
During Monday’s hearing, two defence witnesses Msukwa himself and Lugano Mwabutwa testified whilst Anti-Corruption Bureau (ACB) investigator Isaac Nkhoma who arrested Msukwa also testified as State witness.
In an interview, ACB Chief Legal and Prosecutions Officer Victor Chiwala said the Bureau maintains that Msukwa’s arrest was within the confines of the law.
He said: “They wanted to establish that it was cruel to arrest him the way we did but looking at the cross examination we did, it was clear on part of us that there was nothing of that sought.”
“I mean, if a person commits a crime, you are invading an arrest, to us it was reasonable under the circumstances to arrest him.”
On his part, Msukwa’s lawyer Chimwemwe Kalua said the defense is ready to present the submissions.
“Obviously there was evidence from both sides and both side has indicated to the Court that we cross examine the witnesses which have all done,” Kalua said.
“And now we need to look at the evidence and the law and summarise and submit to the court before Friday.”
Once the bot parties have submitted their submissions, Kapindu will deliver his judgment on a date to be communicated.