Government is opposing an application by murder suspect, Misozi Chanthunya, to be granted bail.
This comes after the suspect’s lawyer, Donovan Silungwe, last month applied for the release of his client.
Judge Esmie Chombo Monday heard the matter in chambers, but adjourned it to a later date after Silungwe told the court that the State’s arguments were served to them late.
According to a court document The Daily Times has seen, lawyer Dziko Malunda from the Office of the Director of Public Prosecutions (DPP) argues that Chanthunya cannot be released from custody by a court in Malawi, describing it as an abuse of court processes.
“According to territorial jurisdiction of Malawian court, under Section 66 of the Criminal Procedure and Evidence Code, the applicant (Chanthunya) is supposed to attend to his own bail application as there is need for the courts to examine him before he is released on bail. This bail application is out of submission as it is only applicable to detainees that are destined in the country,” reads the document.
Chanthunya was arrested in South Africa on allegations that he murdered his girlfriend, Linda Gasa, in 2010. Silungwe said the matter could not be heard after the office of the DPP served their arguments as the court was about to commence.
“The DPP’s office has brought a preliminary objection that was just served to us only today and we have since asked for an adjournment so that we should respond,” Silungwe said.
According to Silungwe he applied for bail or discharge on the basis that his client was arrested in South Africa after the court in Malawi had issued a warrant of arrest.
“Therefore his argument is that, still, the court has jurisdiction over him and he is being kept in custody on behalf of Malawi government,” he added.
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