The Director of Public Prosecution Mary Kachali has filed an application in the High Court for a discharge of Dumisani Mvula a son of politician Humphrey Mvula and Chipiliro Gombwa in murder case.
Mvula (23) from Bango Village, T/A Kaluluma in Kasungu and Gombwa (38) from Kayera Village, T/A Nthache in Mwanza were arrested on January 2 2016 alongside other three men on allegations of possession of arms used to murder people during several robberies.
The other three are Dickson Magombe (36) from Chipwaila Village, Traditional Authority (T/A) Chikumbu in Mulanje; Andrew Machinjili (29) from Kampepuza Village, sub-T/A Phambala in Ntcheu and Charles Burnett Kawelama (47) from Nyamero Village, T/A Kuntumanji in Zomba.
They were slapped with two counts of murder contrary to Section 209 of the Penal Code.
The five pleaded not guilty.
When Mvula, Gombwa and Kawelama were arrested during the night of January 2 last year, police said a pistol and a pump gun were recovered.
The country’s top prosecutor is of the opinion that there is no evidence that Mvula and Gombwa committed the offence referred to in the charge and has asked the court to discharge the two.
Spokesman for the Judiciary, Mlenga Mvula confirmed that the DPP has requested the High Court “to discontinue the matter and discharge the two.”
Mvula said the prosecution has told told the court that”they do not have enough evidence which could have been used in the case of murder.”
But the case of Machinjili, Kawelama and Magombe will proceed, according to the Judiciary spokesman.