Malawi Police cell death: Prosecutors not ready with case

In the ongoing trial of three Mzuzu based Cops accused of having a hand in the death of Edison Msiska in Police custody in January 2012, the State is not showing willing to proceed with the case following the expiry of the 60 days the High Court granted the defence to prepare their case.

The High Court in Mzuzu on 31st October 2012 granted on request the defense 60 days after it found three of the six Cops with a case to answer on manslaughter charge.

Police arrested the six officers on April 18 2012  namely, Inspector Gertrude Munkhondia, Constable George Kamphe, Constable Victor Msoloma, , Constable Lucius Mpakeni, Constable Bertha Chavula and , Constable Joel Kapunda, were arrested and were charged with murder following police investigations into Msiska’s death.

But the Court acquitted Inspector Gertrude Munkhondia, Constable Bertha Chavula and Constable Joel Kapunda because the evidence presented in Court did not link the trio to the alleged commission of the offence.

Ghambi: Defence ready

The acquittal follows the Cop’s submission to the Court at the end of the prosecution case, through Mzuzu based lead defense lawyer Christon Ghambi of CHRAM Associates that the prosecution evidence against them had not proved all the elements of murder for them to have a case to answer.

Court records seen by Nyasa Times  indicate that the state represented by Barbra Mchenga and Josephine Gwaza is yet to act. Both Mchenga and Gwaza did not respond to questionnaires Nyasa Times sent to them.

But Ghambi said they were ready to proceed with case and show the state that their clients were not guilty of any offence.

“We are more than ready,” Ghambi said.

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