By Daniel Zimba
The Lilongwe Principal Resident Magistrate (PRM) Court has granted bail to nine people who are answering six charges, including those of intent to cause grievous bodily harm, robbery and arson.
However, the accused will remain in custody pending completion of the examination of bail conditions.
PRM Benjamin Chulu delivered the ruling Thursday.
The ruling followed a bail application made by defence lawyers on Wednesday.
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On Wednesday, the State asked the court not to grant the accused bail, arguing that they might jump bail, interfere with witnesses and jeopardise the delivery of justice, among other grounds.
Chulu said the State failed to demonstrate how the accused persons may jump bail if it were granted.
“The State told the court that it was not easy to arrest the suspects as they were in hiding but, during cross examination, they explained how they arrested the suspects. Others were arrested in their shops, conducting their usual business; others on errands. The State did not indicate certainties that the suspects were running from arrest,” Chulu said.
He said the State did not also disclose how the delivery of justice would be jeopardised.
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“The court has formed the view that the State has not shown that delivery of justice may be jeopardised or [that the suspects may] run away. So, the court will proceed to grant them bail,” Chulu said.
Among other things, Chulu indicated that the accused should pay a cash bond of K500,000 each and produce two reliable sureties, each bonded at K2.5 million.
“The suspects should be reporting to national police headquarters every Thursday; the accused should not interfere with witnesses in any matter; [they] should surrender travel documents in court; they should arrive at court when needed and should not leave Lilongwe without notifying national police headquarters,” Chulu said.
He, however, said the accused would remain in police custody due to inadequate time to complete bail conditions.
He ruled that the process should be carried out this morning.
Defence lawyer Chrispin Mndala said justice had been served in the case.
“It’s a good day for justice. Bail is, first and foremost, a right to every accused person and all which an accused persons do is to raise a hand to abide by the law. Everything else rests on the police prosecutors to impress upon the court as to why it would be in the interest of justice to have the accused persons remain in police custody and that burden was not discharged by the State,” Mndala said.
State prosecutors were not available for a comment after the ruling.
Police recently arrested the nine—who include Alfred Dalla Kadula, Davie Malamula and Joseph Tilibe Gidion— for allegedly committing the offences during anti-government demonstrations organised by human rights activist Silvester Namiwa at Lilongwe Community ground in June this year.
