Malawi human private parts case: Pictures exhibited in court, ruling on June 17
The Lilongwe Magistrate Court has set Monday, 17 June, 2013 as the ruling day for the case involving four people suspected of removing and vending private body parts.
The suspects Lufeyo Mphimbi, Samalani Jabu, Eric Mwandira and Sabita Mwale have been charged with being found with human body parts and supplying human body tissues which is contrary to Section 16 of Anatomy Act.
All the four state witnesses who were available at the court on Tuesday testified that indeed there was a dead human body at KCH without its private parts which according to them, the parts indeed belonged to the body.
The state witnesses included Chief CID Officer for the centre, Maurice Makwinja and Kamuzu Central Hospital nurse Aubrey Banda,
The defence lawyer, Chris Tukula asked the court not to use pictures taken and the private parts as evidence arguing it is against the Malawian culture to show private parts in public.
In response, Judge Patrick Chirwa said there is no section in the constitution of the Republic of Malawi that could be applied to the request.
“With due respect to your request, the state has the right to show the pictures and the body tissues to the court as part of their evidence. However, there is no constitutional provision that denies this so the state may proceed,” explained Chirwa.
As a matter of proceeding with the case, the court led by state prosecutor Cecilia Zangazanga went to the KCH mortuary to have a look at the dead human body that is said to have had its private body parts removed from.
However, Tukula asked the court for case adjournment to allow them cross check submissions made available to the court by the state witnesses.
But responding to the request, State Prosecutor Cecelia Zangazanga said the case and the submissions were straight forward to be well understood by the defence lawyers and asked the court if the defense lawyers could only be given three days.
Magistrate Chirwa then adjourned the case to Monday, 17 June which he said will also be the ruling day of the case.
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