Court discharge 10 men in albino killing for lack of evidence: 12 suspects remain in Masambuka murder case

High Court in Zomba has discharged  10 men from a case related to murder of a person with albinism, Mac Donald Masambuka due to insufficient and delayed evidence against the seven counts they were answering.

Judge Zione Ntaba presiding the case

After dismissing the 10 accused persons the Court is remaining with 12 people that continue to answer seven charges ranging from murder to transacting in human tissues.

Masambuka was killed on March 9, 2018 at Manja Village, Traditional Authority (TA) Chikweo in Machinga where several cases of killings of people with albinism were recorded since 2014.

State Prosecutor, Steve Kayuni asked the Court  to stop hearing the case involving Richard Msiya, Tiyesi Masangwi, Jona Mphaya, Benson Masika, Piyano Kapoloma, Twaya Mapondo, Pilirani Steven, Dalitso Kaliati, Omex Mailosi Bomba and Ishmael Cassim Magonjwa.

The dismissed people were answering charges among them murder, trafficking of human tissue, influencing someone to harm a person with disability and extracting of human tissues.

“Your Worship, these accused must stop answering the case because the police are still investigating some information on their case,” Kayuni addressed the Presiding High Court Judge, Zione Ntaba.

Legal Aid Deputy Director, Trouble Kaluwa felt that it would be unfair for the 10 people to continue answering the case when the police are not ready with information regarding the accused persons.

Almost 22 people are answering several counts relating to the murder of Masambuka and among them are Catholic Priest Father Thomas Muhosha, a Police Officer in Machinga and Medical personnel, Luckiness Magombo.

After dismissing the 10, the High court continued hearing the case of 12 remaining accused persons in the Masambuka murder.

The State was ready to bring in 15 witnesses to testify against the accused persons, according to Prosecutor Kayuni.

The Legal Aid Deputy Director said it was not fair to continue with the case as there is lack of evidence to continue pursuing the case against the ten accused persons.

“l am asking the court for adjournment of the case because we need to talk to the people I am defending and l also ask the court to give me two weeks to talk to the  accused persons who are kept in different prisons,” Kaluwa appointed out.

Judge Ntaba adjourned the case to October, 2018 to give the defending side enough time to prepare for the case.

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3 years ago

I can foresee all the the accussed persons being discharged. Like in the 145 million kwacha. And the Kaloswe case. Typical of Malawi Judicially. Had no Human Heart at all.

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