The High Court sitting in Mzuzu has granted bail to the fifth accused person in the human trafficking case, following his application on June 8 2023.
This means all the six accused persons, who include Tadikira Mafubza, who is step son to former president Peter Mutharika, are on bail.
The six are each answering six counts of manslaughter and six other counts of aggravated human trafficking.
Meanwhile, the court has granted the State leave to amend the charge sheet, particularly from count number seven to 12, which border on aggravated human trafficking.
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The case had come before Judge Gladys Gondwe for bail ruling and commencement of trial as the State was expected to start parading witnesses.
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Before adjourning the case to August 29 2023, Gondwe read the counts to the accused persons who, through their attorneys, asked for 14 days to scrutinise the counts, a plea the court has granted.
“The matter has been adjourned from today. The defence has 14 days to file defence on the proposed amendments and [there are] three days for the State to respond and the court shall make a determination in 10 days,” Gondwe said.
This is not the first time the State has amended the charge sheet as, earlier, the six accused persons were answering a murder charge, which was modified to manslaughter.
In an interview, senior State advocate Limbikani Msiska said they have amended the charge sheet owing to a recent judgement on trafficking in persons.
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“As the State had exclaimed to the honourable court, this particular change happened in a recent criminal appeal in which a case was cited in the honourable court. And this particular judgement only came last week. And in light of that, the State saw that this particular judgement was on the same offence of trafficking in persons. And the High Court states particular issues that the State ought to have included in setting out of this charge sheet,” he said.
Representing the defence, Stanly Chirwa applauded the court for granting them 14 days to scrutinise the amended charge sheet, saying this is in the interest of justice.
“It is clear that the State just needs to put its house in order with respect to the charges against the accused persons,” he said.
The six are being accused of having a hand in the death of 30 suspected victims of human trafficking whose bodies were exhumed from a mass grave in Mtangatanga Forest Reserve in Mzimba District on October 18 2022.
