By Pemphero Malimba:
Nine people who are answering six charges— which include Intent to cause grievous bodily harm, robbery, demanding property with intent to steal and arson—before the Lilongwe Principal Resident Magistrate (PRM) Court in Lilongwe have pleaded not guilty to the charges.
The accused—who are Alfred Dalla Kadula, Davie Malamulo, Joseph Tilibe Gidion, Issa Saidi, Rodgers Bakili, Lameck Mandowa, Lester Kanjunga, Howard Kadango and Mabvuto Njuchi—are accused of committing the offences at Lilongwe Community ground in June this year.
Among other things, the nine are suspected of burning two motor vehicles and injuring human rights activist Silvester Namiwa during demonstrations that were organised at the centre on the material day.
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Following this, State prosecutor Moja Phiri asked the court to adjourn the matter to a later date as 14 witnesses in the case were not available on the day to testify in the case.
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However, the defence, through George Jivason Kadzipatike, asked the court to grant bail to the accused persons, arguing that although there were limits on bail application, the accused had the right to it and that they have permanent homes which shows that they cannot jump bail.
Kadzipatike also asked the court to allow the accused to be reporting to court from their homes considering that “if the offences were committed in June 2025, automatically investigations were already concluded”.
“If the accused persons are granted bail, the intent of justice will still be satisfied because the accused persons will attend their trial up to the end. In that case, the court will be able to pass its final verdict, whether acquitting them or convicting them. Currently, they are not guilty unless the State provides the necessary evidence to prove the case. The accused persons have no intent to run away,” Kadzipatike told the court.
But the State objected to the bail application.
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One of the investigators of the case, Steve Simwela, told the court that releasing the accused on bail would disrupt the delivery of justice as the accused could jump bail.
“All the suspects are living within Lilongwe and we managed to spot their houses but the unfortunate thing is that all of them were not residing in their homes because they were in hiding. If given bail, there is a possibility that they might jump bail. The suspects also know the witnesses of the case, which means, if released, the witnesses might be afraid to testify,” Simwela said.
He said one of the suspects had been found with a rifle without documentation, describing it [the knife] as a danger to the society.
Another defence lawyer, Chrispin Mndala, said the State had failed to demonstrate how the suspects could interfere with the witnesses.
“The State is on record [to have said] that investigations have been completed and that they are ready to furnish us with disclosures by the end of business tomorrow [Thursday]. Therefore, there is no likelihood of interference with investigations. “Secondly, the State has alleged that they fear interference or threats towards the witnesses. The basis of the State is that the accused are in Lilongwe while the witnesses also stay in Lilongwe. The onus is on the State to demonstrate how the accused could proceed to interfere with the witnesses,” Mndala said.
PRM Benjamin Chulu has since adjourned the case to today afternoon for the ruling on the bail application.
