Three Mzuzu based Cops have two days starting Tuesday, 21st October, 2014 to 22nd to convince the High Court that it erred in law to find them with a case to answer in connection with the brutal death of a suspect at Mzuzu Police Station two years ago.
The Court found Constable George Kamphe, Constable Victor Msoloma and Constable Lucius Mpakeni with a case to answer on manslaughter charges after the death of the suspect, Edison Msiska, a former Natural Resources College student, on the night of January 29 2012.
If the trio fails in proving that the court made a material error in law, they face a maximum sentence of life imprisonment behind bars with no option for parole, according section 211 of the Penal Code.
But their lawyer is optimistic that the court will overturn its earlier decision, saying they now have competent witness.
Lead defence lawyer Christon Ghambi of CHRAM Associates said they are fully prepared.
Evidence tendered during the two-year-old trial indicates that the Cops literally bludgeoned Msiska.
Renowned Malawi Pathologist Doctor Charles Dzamalala, whom the deceased family hired to do an autopsy, described Msiska’s death as the worst case of assault he had ever seen in his 13-year-old career.
Msiska met his fate four days after his arrest and being found with property suspected to have been stolen.
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.
At the close of the Prosecution case in 2012, the Court acquitted Inspector Gertrude Munkhondia, Constable Bertha Chavula and Constable Joel Kapunda because of lack of evidence.
Nevertheless, it 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.Follow and Subscribe Nyasa TV :