Eight suspects, two dead, and a trial going nowhere

• Defence lawyers demand case be thrown out — but judge sets October showdown dates

A dramatic courtroom battle erupted  as defence lawyers fighting for eight accused murderers demanded the case against them be scrapped — only to be rebuffed by a no-nonsense judge who set new hearing dates and made clear she will not tolerate further delays.

The eight accused — seven represented by defence counsel Gift Nsomba and an eighth, Precious Billiat, represented separately by Khwima Mchizi — face charges of murder and armed robbery over the cold-blooded killing of two Chinese businessmen in Njewa, Lilongwe, in October 2023.

Nsomba went on the attack in the High Court’s Criminal Division, insisting the case should be thrown out entirely, arguing that not a single State witness had testified in the current proceedings.

But Principal State Advocate Collen Mwenechanya hit back, telling the court that four witnesses had already given evidence since the trial began and that there was more than enough material for the case to continue.

‘Bring her to court’
The hearing took a sharp turn when Justice Eddah Ngwira-Mwakibinga made clear she would not allow the trial to proceed without the eighth accused, Billiat, physically present in court — despite a discontinuance letter from the Directorate of Public Prosecutions apparently issued in her favour.

The judge’s message was unambiguous: Billiat must appear. No letter changes that.

Adding to the State’s difficulties, Mwenechanya was forced to admit that the lead prosecution team — Director of Criminal Litigation Dzikondianthu Malunda and his deputy Brenda Kapenda — were absent due to what were described as official duties.

The State then had the audacity to ask for an adjournment, proposing dates between September 21 and 25.

The judge said no.

Justice Ngwira-Mwakibinga set October 1, 2, 5, and 6 as the new hearing dates — giving the State firm deadlines to present further evidence and produce Billiat before the court.

The October dates will mark a critical juncture in a case that has already tested the patience of the judiciary. The State must arrive ready — with its lead prosecutors present, its witnesses prepared, and the eighth accused in the dock.

After three years of waiting for justice, the families of the two murdered Chinese businessmen will be hoping the October dates finally deliver it.

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