Barely a week after the Malawi Police Service arrested six Officers from Mzuzu Police Station on April 18, 2012 in connection with the brutal death of Edison Msiska in Police Custody early this year; the Police has cleared three Officers saying they were not linked to the allegations, sources revealed to Nyasa Times.
Msiska, a former Natural Resources College student, died on February 29 under mysterious circumstances but a Pathologist’s preliminary report indicated that the deceased was clobbered.
The officers were cleared after a CID deputy director from Police headquarters came to Mzuzu to record caution statements from the suspects who were in custody then.
Inspector Gertrude Mukhondya refused to have her statement recorded by invoking Section 42 (2)(c) of the Malawi Constitution which states that “every person who is detained… shall have the right not to be compelled to make a confession or admission which could be used in evidence against him or her.”
Those cleared are: Constable Joel Kapunda of Chilumphala Kamanga Village, Traditional Authority Mtwalo in Mzimba district, Constable Lucious Mpakeni of Ganya village, Traditional Authority Ganya in Ntcheu district and Constable Bertha Mtandi Chavula of Mtandi village, Traditional Authority Mponela , Dowa district.
This is despite the fact that the High Court granted the six officers bail and ordered that they must be tried within 90 days.
Technically, the High Court should have cleared the three officers of any offence during trial, a legal expert said.
And the remaining suspects are: Inspector Gertrude Mukhondya of Katutula village, Traditional Authority Mwaulambia in Chitipa District, Constable George Kamphe of Phetembe village, Traditional Authority Mponela, Zomba district and Constable Victor Nsoloma of Nachamba village, Traditional Authority Machinjiri in Blantyre.
Meanwhile, residents in Mzuzu are perplexed that the suspects continue to work as if nothing happened.
When contacted for comment Northern Region Police Spokesperson Sub Inspector Norrah Chimwala demanded a questionnaire but did not respond.