Mzuzu cell death case stalls, one suspect ill
The High Court in Mzuzu has given the defense team 30 days to monitor the progress of one of its client who is reportedly sick in Blantyre and was unable to attend the ongoing trial of three Mzuzu based police officers accused of having a hand in the death of Edison Msiska in Police custody more than a year ago.
Judge Dingiswayo Madise made the order following an application by lead defense lawyer Christon Ghambi of CHRAM Associates in Mzuzu, that the case be adjourned to allow Constable Victor Msoloma to recuperate.
However, Justice Madise also ordered Ghambi to report to the court after the expiry of 30 days.
Msiska, a former Natural Resources College student, died on January 29 2012, four days following his arrest after he was found with property suspected to have been stolen.
The State will not call further witness.
Police arrested six officers on April 18th 2012 namely, Inspector Gertrude Munkhondia, Constable George Kamphe, Constable Victor Msoloma, Constable Lucius Mpakeni, Constable Bertha Chavula and , Constable Joel Kapunda, and charged them with murder following police investigations into Msiska’s death.
But at the close of the Prosecution case last year, the Court found the trio Constable George Kamphe, Constable Victor Msoloma and Constable Lucius Mpakeni with a case to answer on a charge of manslaughter and not murder as earlier charged.
The court amended the charge from murder contrary to section 209 of the Penal Code to manslaughter contrary to section 208 of the Penal Code because it found no evidence that that there was malice afore thought which is the main reason for murder.
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