Chanthunya appeals against life imprisonment, argues High Court made ‘errors of law’

Murder prisoner Misozi Chanthunya has filed an appeal at the Supreme Court of Appeal to overturn the life imprisonment  sentence handed by the Zomba High Court last month for murdering his Zimbabwean lover Linda Gasa in 2010.

Murder prisoner Misozi Chanthunya appeals

Lawyer Micheal Goba Chipeta confirmed that a notice of appeal was filed, saying grounds of appeal centre on the arguments that the High Court “made a number of errors of law”.

Goba argues that the High Court erred in finding that circumstantial  evidence proved beyond reasonable doubt that Chanthunya caused the death of Gasa.

“The court’s judgement cannot be supported having regard to the evidence,” reads part of the grounds.

He also argues the High Court made material error of law in finding that circumstantial evidence proved beyond reasonable doubt that Chanthunya committed the offence of hindering burial of a dead body and perjury.

The lawyer said the judgement was determined using certain facts that were never tendered in court as evidence, saying it was unfair trial.

Chanthunya  was sentenced life imprisonment for murder of Gasa,  two years imprisonment with hard labour (IHL) for perjury and hindering burial of a dead body contrary to sections 101 and 131 of the Penal Code.

He is serving the sentence concurrently at Zomba Maximum Prison.

Judge Ruth Chinangwa said when she delivered the judgement that in 2010 Chanthunya murdered his 25-year-old girlfriend as per the submitted medical reports which recorded the deceased was poisoned, smothered and stabbed four times.

Gasa, a then a student at Malawi College of Accountancy (MCA), went missing in August 2010 before her body was discovered buried in a bathroom at Chanthunya’s cottage at Monkey Bay in Mangochi.

Courts records indicated Chanthunya lied about her whereabouts when interrogated by the police whereas evidence revealed he attempted to have her buried in a hole as well as dump her in Lake Malawi but all efforts failed him.

In her ruling, the judge stated in mitigation, Chanthunya through his counsel Goba Chipeta, prayed for a 10-year jail term, arguing he was a first offender and had already spent seven years in pretrial custody while in South Africa where he fled before his arrest.

Gasa was believed to have been murdered on or around August 4 2010 before Chanthunya fled the country for South Africa on August 19 2010.

Her body was discovered almost a month later dressed and covered in a duvet after police dug out the concrete bathroom.

A post-mortem conducted by the country’s top pathologists Dr Charles Dzamalala and Professor George Liwomba found that Linda was poisoned.

Gasa’s family repatriated her body to Zimbabwe where another post-mortem was carried out.

Malawi Police issued a warrant of arrest for Chanthunya on September 21 2010 and after almost two years of man-hunting he was arrested in June 2012 after government sought help from the South African Government.

However, the convict fought his extradition for seven years before government finally brought him back home for trial on March 1 2018.

He arrived back in the country amid tight security accompanied by International Police (Interpol).

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nafundo zalo
nafundo zalo
30 days ago

iwe usatitaitse nthawi ngakhale uli ndi ufulu ocita appeal. Linda gassa plus the pregnacy she was carrying had rights to live and you killed them. idiot. go away with your ugly willy.
pano tiyambe zopititsa dzikoli patsogolo osati za aanthu obweza mbuyo citukuko ngati iweyo. we dont care your family ndiyolemera. to hell with your money idhiot

Gee
Gee
30 days ago

Apa lawyers akufuna kukokera ndalama za xmas, akumunamiza, plz muwonjezereni life sentence inanso, mwana wopusa ameneyi

BigMan
BigMan
30 days ago

Useless arguments from a clearly useless lawyer. The guy is guilty, thats why he run away and had to be extradited back to Malawi. To ask the judge for 10 years, based on the fact that he already spent a few years in a comfy SA jail while fighting the extradition is tantamount to spitting on the grave of Linda Gasa.

Zio ine
Zio ine
1 month ago

This heartless man should be sentenced to 100 years in prison with hard labour. Killing and innocent girl and entombing her under a concrete slab shows that this beast is indeed heartless.

Msonkho
Msonkho
1 month ago

Can you slap this murderer with a death sentence, basi daily tizikhala tikumvera about this stupid Chanthunya name! We are tired of this name. Timveko zina

Governor
Governor
1 month ago

Can this guy man up and admit he messed up? Have some respect to the deceased family. No one is above the law and don’t waste our time. The court are busy at the moment.

Justice for all
Justice for all
1 month ago

He could have appeal even his sentence was 3years in jail so let lawyers finish his money he argue so many times but the boy must rot in jail

Ida
Ida
1 month ago

Goba Chipeta pls enlighten us as to why and how Linda Gasa’s body was found buried at your client”s Lodge?

Mjugu
Mjugu
1 month ago

What does this murderer wants now? Let him rot in prison. PP protected him now he thinks JB in Tonse Project will help him get released. I pray for him decomposition in jail

Ulemu Kachale
Ulemu Kachale
1 month ago

Chanthunya thinks Malawian Laws and Judges are Wrong First of All he and his Lawyers should be Hanges to Death 1 Why did he run away to South Africa after the Murder? 2 Why has Several Lawyers changed in his case 3 Why he is thinking that Malawi Police is NOT efficient 4 Why did Malawi Govt Police issue an interpol Red Corner Notice for Him and had to struggle to Bring him from SA to Malawi 5 Malawi police has got all the Evidence that he did the Murder How can the Evidence be missing either Malawi Police or… Read more »

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