Mzuzu Cops to fight against imprisonment over cell death

October 20, 2014 Collins Mtika - Nyasa Times 43 Comments

Three Mzuzu based Cops have two days starting Tuesday, 21st October, 2014 to 22nd to convince the High Court that it erred in law to find them with a case to answer in connection with the brutal death of a suspect at Mzuzu Police Station two years ago.

Edson Msiska was brutalised in a police cell in Mzuzu and died
Edson Msiska was brutalised in a police cell in Mzuzu and died

The Court found Constable George Kamphe, Constable Victor Msoloma and Constable Lucius Mpakeni with a case to answer on manslaughter charges after the death of the suspect, Edison Msiska, a former Natural Resources College student, on the night of January 29 2012.

If the trio fails in proving that the court made a material error in law, they face a maximum sentence of life imprisonment behind bars with no option for parole, according section 211 of the Penal Code.

But their lawyer is optimistic that the court will overturn its earlier decision, saying they now have competent witness.

Lead defence lawyer Christon Ghambi of CHRAM Associates said they are fully prepared.

Evidence tendered during the two-year-old trial indicates that the Cops literally bludgeoned Msiska.

Renowned Malawi Pathologist Doctor Charles Dzamalala, whom the deceased family hired to do an autopsy, described Msiska’s death as the worst case of assault he had ever seen in his 13-year-old career.

Msiska met his fate four days after his arrest and being found with property suspected to have been stolen.

Police arrested six officers on April 18th  2012  namely, Inspector Gertrude Munkhondia, Constable George Kamphe, Constable Victor Msoloma, , Constable Lucius Mpakeni, Constable Bertha Chavula and , Constable Joel Kapunda, and charged them with murder following police investigations into Msiska’s death.

At the close of the Prosecution case in 2012, the Court acquitted Inspector Gertrude Munkhondia, Constable Bertha Chavula and Constable Joel Kapunda because of lack of evidence.

Nevertheless, it found the trio Constable George Kamphe, Constable Victor Msoloma and Constable Lucius Mpakeni with a case to answer on a charge of manslaughter and not murder as earlier charged.

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43 replies on “Mzuzu Cops to fight against imprisonment over cell death”

  1. OOH yes, the truth may wonder away but it will always comeback, a strong man cannot go just like that, can yu imagine the pain he was going thru during the whole ordeal,? LORD have mercy, nawoso afe ndithu i rest my case.

  2. let them face the big hand of law, chilungamo sichamatama, sichifuna kutchena, ruther loves to be naked, mungachiphimbe bwanji one day it will come out.

  4. Imagine if it was you Child, Imagine the pain his parents are having right now, even sending them to prison, will not bring him back, I pray for my poor country

    1. Primitive tactics.Savagerly cruelty brutish. May the authorities investigate this in all the Police cells throughout the country. It could hv bn understood if he had commited murder or rape. One day you have to give an account to God

  6. anthu awo alangidwe. apolice atatuwo ndi ankhanza kwambiri. alangidwe amangidwe basi. mwazi wa munthu wu londole justice!

  7. Amenewa atatuwa asachedwese boma ayi koma akalowe kuti akaliziwe dziko,akaone a satana eni eni a ku prison.

  9. apolisi amalanga anthu ena pamene iwowo ndiye oipitsitsa. Akagwira chamba sanena kumene akachiyika, a traffic ndiye sheee! ma prosecutor amamanga olakwiridwa ndikumasula opalamula mlandu.

  11. malawi courts,why putting such cases on dries even though you have all constutional codes well interplated?comeon!let’s make use of it,we have penal code,criminal investigation code,atonomy code well aproved by the president,what are you waiting for to make use of the law?section:208,210 of penal code reads any person who by a lawful causes the death of another person shall be imprisonment for life.if this was so let’s convicted persons guilty,

  12. I have been there I know how ill inmates are treated whether it be at the cells and in all prisons Our police officers are evil they have no conscious and show no remorse they will beat you up like you were a piece of Metal and leave you to die THEY JUST DONT CARE AFTERALL THEY ARE ABOVE THE LAW “Police officers are mandated and have the liberty to strip any citizen of their rights and freedom” I quote Loti Dzonzi Inspector General of Malawi Police Services .So my dear Malawians there is nothing good to come out of this case in fact just consider it dead and buried AWABELEKA But Malawians will soon avenge Msiskas Death Tipha tokha zigawenga zimenezi if they don’t get a life sentence

  14. zimangeni nyau zimenezi, kuchoka kwawoko kumene amayenda shaft ili pantunda koma kubisa nkhope kubwera kuno kumadzatiphera ana aku college okulakula, zauchitsiru basi!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  15. Akapolo Amenewa Kapena Sanaphunzire Bwino Ntchito Yawo? Aboma Ndi Amabungwe Oona Zamaufulu Awanthu Mukuti Chiyani? Malamulo Amati Wakupha Nzake Alangidwe Ndipo Lomulo Ligwire Ntchito Ndithu Apo Bi Amalawi Tsiku Lina Tidzabwezaaaa!!!!

  18. Leave the Police men alone, there were protecting the nation and public, one death thief means bit more secure Malawi. If the same thief had murdered and raped those of you blaming the police now would be saying nyooo nyooooo. Mxxx kupanda pabwino osayamika a police bwanji. Mxxxxiiii

    1. Ndiwe wa police eti and not following what happened. This gusy was innocent but his brother gave him something to keep not knowing it was stolen but the police knew it wasnt this one. They killed him right in prison ukufuna kunena chani galu iwe machende ako wamva,. Tithana nawo a police wo tiona we are at pains because of this. Olo galuyo amaphedwa choncho, ngakhale anali wina koma winayo analakwila malamulo a kunyumba kwa a police konunkha mikodzoko? tionana

    2. Dzipatseni ulemu kuti anthu enanso akupatseni ulemu. Kapena m’modzi mwa apolisiwo ndi mwamuna wanu?

    3. #### 9 *** i mean you VICTIM WA CRIME whatever your name is to hell with your nosense comments. One day will be your brother or sister then you will see!!!!, you talk shit if you have nothing to comment just go home and eat makaka and chigwada.

      You need to know, no one is above the law even the law maker are below the law POLICE are there to police citizens even wakuba has got FUNDAMENTAL RIGHTS and deserve to be treated with DIGNITY as he or she is human being like you.

      Police did not do the job that was assigned to protect inmates therefore these perpetrators must face the LAW and must pay for this as it is only way of sending message to all POLICE out there.

      Since you are POLICE then you may take LAW into your on hands or you may violate HUMAN RIGHTS for prisoners NOOOOOOOO, Noooooo and Noo!!! one deserve to die like this NOOOoooo!

    4. Your stupid comment should not have been published by Nyasa Times. The deceased was indeed arrested as a suspect, but subsequent investigation proved that he was entirely innocent.

      Shame on you and shame on Nyasa Times.

      1. Ngakhale mbava ndi munthu sangafanane ndi wakupha. A murderer is worse than a thief. May his soul rest in peace.

    1. Mwazi wake uli pamutu panu ndi ana anu kumibadomibado. This is one area whete curses enter some families. Children inherit curses not knowing where they came from. Maybe in yr family lineage somebody killed people in his profession. Pray.

  20. Apolisi Nthawi Zonse Amatengera Malamulo Mmanja Mwawo They Think They Are Above The Law Foolish Police

  21. well, malawi police is a disgrace to service delivery…just last week they assualted a whole village in neno by beating women ,burning their kraals and property on fire and flooding the village with teargas all over..people are now sleeping in the bushes because they were told they are coming back again…The police never get punished for their crimes against humanity..is that fair?..they must pay enough is enough…ngati a cashgate tikuwamanga nawoso amangidwe….

  22. This is typical action of the savages thugs called Malawi Police. Most of us have been subjected to horrible treatment by these uneducated creatures. These three criminals must go and rot in jail and do not forget to throw away the keys. Condolences to the family.

  24. If you have been sentenced does not mean that you deserve to die like this NO, NO, NO,NO,NO and Noooooooooo!!!!!!. All we are human being and we deserve to treat each other with dignity, THESE perpetrators (police) have case to answer seriously.

    This is MANSLAUGHTER and all these perpetrators must go to jail for more than 15 years each if they will be proven guilty. this is tooooooo and oooooovermuch bad think if it was your brother i could you feel and do this.

  25. Aboma mukuva khadza za apolisi koma simuchitapo kathu. If tikapeza akuba timawamenya, iwo amati tisawamenye chifukwa ndi ama nkhoti ndiyo amakaweluza. Tsopano apa ndi a nkhoti aweluza? A polisi awa kunyogendwa basi. Chifukwa life inprisoment siyikutithadiza, akatulukaso

  29. these men in uniform deserve to rot in jail! maphulisa ndi a satana achabe chabe! those who have ever been to police cells know that when it comes to brutality, alibe anzawo! maphulisa achimalawi are devils! they deserve a maximum sentence!

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