By Cathy Maulidi:
After 17 years on remand, Wyson Bannet Big’s fate is finally set to be decided as the High Court has issued a notice that the sentence in his case will be delivered on September 13 this year.
This comes after our sister paper, The Sunday Times, brought to light the story of Bannet Big, who has spent 17 years on remand at Chichiri Prison without his case being concluded.
Big was arrested in May 2007 for being found in possession of stolen goods which, he claimed, were bought from his co-accused Myson Viera.
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Despite his co-accused’s testimony, in which he implicated Big, he has maintained his innocence and has been waiting for justice for over 15 years.
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The delay in Big’s trial was widely criticised, with human rights activist and Centre for Human Rights and Rehabilitation Executive Director Micheal Kaiyatsa saying it was a clear case of systematic failure.
He said this perpetuated injustices on the poor.
Big’s lawyer Alexious Kamangila stated that the delay made it impossible for Big to receive a fair trial and that his continued detention is a breach of his rights to liberty, human dignity and personal freedoms.
In a letter dated August 17 2024, which Kamangila wrote the Registrar of the High Court and Supreme Court of Appeal seeking urgent attention to be paid to Big’s case, he said. “We write to humbly follow up on the ruling on the application for immediate release of Wyson Bannet Big, who has been on remand for more than 17 years.”
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Acting Registrar of the High Court and Supreme Court of Appeal, Innocent Nebi, confirmed receiving the letter in an interview with The Sunday Times.
Now, the High Court has released a notice of delivery of judgement: “Notice of delivery of judgement: Take notice that the judgement in the case of the Republic v Myson Viera Chizizira & Wyson Big Bannet, Criminal Case No. 104 of 2011, will be delivered on Friday, 13th September 2024, from 9am in court room no. 2, High Court, Chichiri, Blantyre,” reads the court notice, dated August 26 2024.
Now, with the notice from the court, Big’s fate is finally set to be decided.
His lawyer, Kamangila, has reacted to the development, saying Big was thrilled with the development.
“Bannet Big is thrilled that, finally, the doors of justice are opening. 17 years of detention in darkness have been torturous, and so he is happy [that], finally, the courts will decide his fate,” Kamangila stated.
He added that, as his lawyers, they intend to move the court “to take notice that on the day set down for the pronouncement of sentence, the accused person will file an application that fair trial and the interests of justice no longer require that the accused person be sentenced but that he be unconditionally released, or that if the court deems that the sentence should still be pronounced, it should be such sentence as leads to the immediate release of the accused person.”
Also reacting to the development, Kaiyatsa described it as a welcome development.
“It’s good to note that the windows of justice are beginning to open up for Bannet Big. This case, however, highlights the importance of timely judicial processes and the need for reforms to prevent similar extended detentions in the future. There is a need for reforms,” Kaiyatsa said.
Timeline of Injustice:
May 2007: Bannet Big is arrested for being found in possession of goods suspected to be stolen
2009: Big and his co-accused, Myson Viera, are taken to the High Court, where Viera implicates Big in the alleged robbery that led to the death of one of the victims
August 2009: Viera is convicted and sentenced, but Big’s case is adjourned
2010-2024: Big’s case is repeatedly adjourned, with no submissions made by the State
August 2024: Big’s lawyer writes to the Registrar of the High Court and Supreme Court of Appeal, seeking urgent attention to his client’s case
August 26, 2024: The High Court issues a notice that the judgement in Big’s case will be delivered on September 13 2024
