Email a copy of 'Malawi ‘hyena’ seeks to change plea, wants lawyer: MHRC says Aniva is innocent until proven guilty' to a friend
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Email a copy of 'Malawi ‘hyena’ seeks to change plea, wants lawyer: MHRC says Aniva is innocent until proven guilty' to a friend
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Sports journalists belonging to the Sports Writers Association of Malawi (SWAM) were on Thursday, July 28, drilled on pool reporting...
In criminal law, and in principles that are entrenched clearly in chapter four of the Malawi Constitution, any person charged with a criminal offence is innocent until proven guilty. In order to find the fisi guilty, the burden of proof is on the state, to bring evidence, beyond reasonable doubt that Mr. fisi is guilty of the offence he is being charged with. Among other things, the state has to present evidence that shows intention and action ( mens rea and actus reus). Now at the end of the day, if this is done this fisi and numerous other hyenas… Read more »
they should try him for Genocide, each one of his victim is serving a death row sentence besides the drain of national economy for drugs and other medicare. families including the chief must all face complicit charges and if these crimes were conducted in secrecy, it does expose these people to awareness of illegal acts and therefore wilful intent to commit such crimes.
If you know that you HIV POSITIVE why should you act as a hyena that is guilt
Just like it was argued before, Mr Animals is innocent until proven guilty by a competent court of law. He should seek legal representation, even if it means state funded – that is right and that is the beauty of democracy! In any case, I feel that the state has placed wrong charges against this man, if what is being quoted in the local media is to be believed. My understanding is that he never went out soliciting to offer his service but stupid parents and cultural leaders would come to him and actually paid him for his services! I… Read more »
Mary Shawa shoudl also be arrested because she supported the practice. All she talked about was that they government needs more money to sensitize the people to do the cultural rites in a better way. She did not condemn the fisi. Also, in the BBC story there is Baptist Pastor whose daughter was abused by a fisi and did nothing. He too should brought to book. All those who read this fisi story 4 yeas ago and the one who wrote and edited should be brought to book for negligence.
It is good for Aniva to plead not guilty, because then the defence lawyer can bring witnesses that the accused was never stopped by the government or customary authorities, thereby opening up for more of those involved to be subsequently prosecuted.
“Aniva faces a maximum fine of K1 million and five years imprisonment.”
Why prosecute the hyenas under the Gender Equality Act? Better under the Child Care, Justice and Protection Act, which has a higher term of imprisonment term of 10 years.
“S80:–No person shall subject a child to a social or customary practice that is harmful to the health or general development of the child.
“S83:–A person who contravenes sections 80, 81 and 82 commits an offence and shall be liable to imprisonment tor ten (10) years.”
O……………………………………………………………………………………………………………………………………………………………………………………………………………………….O The lawyer who is to defend Aniva, is of questionable mental and moral standing . . . . . . Yes, we all know and agree that it is a lawyer’s duty to defend clients but, “Sometimes, one must follow one’s conscience and not one’s duty.” – Tiresius (Atlantis) ……………………………………………………………………… And its quite surprising to see some people (here on Nyasatimes) asking for unconditional release of Aniva, on the premise that Aniva (as a hyena) never went into kraals; but the mother/father goats willingly gave their young goats for Aniva’s uninterrupted 3-day chewing. . . . What such people… Read more »
Mr. Analyst it is not about someone’s conscious but rather satisfying evidence in the court of Law, I thought you were a learned guy but your judgement is impaired with emotions and feelings, a court case is about logical arguments. It does not matter whether Aniva is caught red-handed in the eyes of common people but according to the law he is not guilty until proven guilty by the court which is why any one can come to represent him as a defense lawyer(just reminding you)
O………………………………………………………………………………………………………………………………………………………………………………………………………………………………..O Finale, . . . Lawyers defend clients on pretence that they (lawyers) do not know whether the client is guilty or not. This pretence, is a lie. To see that this is a lie, the lawyer already has a goal in mind (proving that the client is innocent); yet his willingness to participate in a case is premised on pretence of not knowing whether the client is guilty or not. It takes conscience (a person’s moral sense of right and wrong), for any lawyer to accept to defend a client. . . . You may wish to know also,… Read more »
its unfortunate that someone is feeding this hyena a stupid idea of pleading not guilty. imagine if his lawyer had a daughter and someone defiled and infected her with hiv deliberately..We all need to be sobber and let the hyena rot in jail..he is heartless and deserves no sympathy or compasion of any sort…overall, these stupid cultural practices must end..
There is no complainant in this case. The presidential directive prejudiced the case. NIB should have bribed some of the girls to lodge a complaint. I dont see how this fisis will be found guilty because the state has a mountain to climb to produce convincing evidence. The people who hired him will deny ever doing so. Stupid Malawi government.
O…………………………………………………………………………………………………………………………………………………………………………………………………………………………………O Kkilembe . . . . . . I Wish you knew that a complaint doesnt only have to come from the victims themselves. Any one can complain (including the State) and thus no need to bribe anyone. . . . I wish you knew also, that bribes (in whatever form or magnitude) are wrong and thus you wudnt suggest (even remotely) that NIB (or whoever) could have first bribed the girls. . . . Yes, the state may have a mountain to climb (trying to prove, beyond doubts with limits of reasonableness) but I wish you knew that having… Read more »
If u attempt to commit suicide u get prosecuted, don’t u?. Who is the victim here?
Uyu si Hyena ayi koma NYENGA. He must rot in Jail.