Malawi top prosecutor asks Police to probe abusive Cop

The Director of Public Prosecutions (DPP) has asked the Police to probe one of its officers based at the Mzuzu Police Station following assault and theft allegations raised against one Cop and by extension the conduct of Police management at the Station.

Mzuzu based businessman Bright Mwaulwali, through lawyer George Kadzipatike of Jivason and Company, applied to the DPP to conduct private prosecution against Sub Inspector Francis Simwinga following allegations of assault and theft of cash amounting to over MK158, 000.

Sources told Nyasa Times that Sub Inspector Simwinga grievously injured Mwaulwali following an altercation at a beer drinking joint at Chibanja Township on December 31st, 2012.

“But when Mwaulwali left for the Police Station to report the incident, the Officer followed him there and further assaulted him, tore his clothes and forced other Cops at the OB counter to lock him for assaulting him,” sources said.

Lawyer Kadzipatike; Applied for private prosecution

Lawyer Kadzipatike; Applied for private prosecution

Mwaulwali, who was bleeding on the mouth, spent the night in Police custody without medical attention. He was released on bail on 1st January 2013 and later sought medical attention at Mzuzu Central Hospital.

A medical report from the Hospital confirmed the assault, loss of blood and the presence of some loose teeth.

“Kindly investigate the allegations raised … and provide me a report. The report will form part of the factors that will inform my decision making,” reads part of the letter dated 25th January, 2013, signed by top prosecutor Bruno  Kalemba addressed to, the Officer in Charge of Internal Affairs department at the Malawi police service Headquarters in Lilongwe, with copies to the Inspector General and Jivason and Company.

In a separate letter to Jivason and company, Kalemba said his Office takes allegations of this nature seriously adding that “where proven prosecuted those matters”

“To ensure fairness and due process, I have forwarded your letter to the Police, who will investigate the matter and give me a report. It is on the basis of that report that a decision will be on your application for private prosecution,” Kalemba wrote.

Mzuzu Police Station Public Relations Officer Sergeant Maurice Chapola expressed ignorance on the development.

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