Judge Chombo opts out of Chanthunya case following alleged ‘threats’

High Court judge Esmie Chombo has recused herself from making a determination on on whether fugitive businessperson Misozi Chanthunya should be granted bail or not, following alleged threats to her life  related to the matter.

Chombo: Recuses herself from Chanthunya matter

Chanthunya, who is in South  Africa where he has been in custody for close to six years, is accused of murdering his pregnant Zimbabwean girlfriend Linda Gasa some seven years ago and had applied for bail and discharge at the High Court in Lilongwe.

Before  presiding over the bail bid hearing, Justice Chombo disclosed that she was no longee handling the matter asking High Vourt Lilongwe registry to assign another judge.

“I have been contacted by some people in South Africa on this matter who seem to have interest in the case. I, therefore, do not find it prudent to continue handling the matter,” wrote Chombi in the case file.

“Please set the matter before another judge,” she added.

Senior state advocate Dziko Malunda said they expect another judge to be assigned soon.

He however maintained the State’s objection to bail which lawyer for the accused Donvan Sulungwe made in July.

Malunda said Malawi court has no jurisdiction on a person who is in South Africa.

“It is our submission that it is a right which is only available to detainees that are detained within the country. It would be unimaginable to think that Malawi courts would have jurisdiction over accused that are undergoing due process of law, for example extradition in other countries,” Malunda said in his preliminary objection.

Chanthunya, who fled to South Africa following the alleged crime has been fighting his extradition in the rainbow nation courts fearing a possible death penalty if he is repatriated back home.

He was captured by Interpol in Rustenburg South Africa on January 23, 2012 after being on the run for 17 months.

After the arrest, the Malawi government asked the South African authorities to have the suspect repatriated to Malawi, but the issue ended up in court.

The late Gasa was found buried under concrete at Chantunya’s private cottage in Monkey Bay, Mangochi a story which was exclusively exposed by Nyasa Times.

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Alfred Minjo
Guest

This judge whom I have all the respect for, unfortunately is now proving herself to be incompetent to handle high profiled cases and is now a disgrace to the nation………….

Billy Chilewani
Guest
I need to be schooled by the learned Judges on reasons for recusal from a case. Is threat perceived or otherwise part of the reasons? I thought the threats are part and parcel of a Judge’s job especially when handling very sensitive, politically connected and mafia type of cases? If all Judges recuses themselves from such cases who will mete out justice. I thought recusal was based on grounds that a presiding Judge is either connected in a way to the accused or had had previous dealings with the accused and on that basis he/she recuses himself/herself from such a… Read more »
Lottie
Guest

If judges run away from outstanding course cases in this way, how can justice be upheld in this country? Is it because the accused to connected to some politicians?

Mzamani
Guest

Fucking coward!! she chicken out on Phwiyo case and this time around again; but if it was defilement /violence against women she would jump on it to get fame. Why do we have such type of judges in High Court then; she is better of being at Nthalire Court. Waste of space and resources. Apolisi amakhala pa khomo lako nanga?

Nganiza Muthulika
Guest

I agree with u Who say corward chicken very un professional. Has she been given Money? Why did she take a case? Stupid woman

Chilombo
Guest

I think the judge is wrong to recuse herself from the case cos of mere threats. As a judge you should expect these things but you can’t let them stop you from bringing justice to us. Do your job ma;am

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