High Court Judge, Redson Kapindu, has reserved his ruling on whether to grant bail to murder suspect, Misozi Chanthunya, or not until further notice.
Earlier, the bail hearing was adjourned to Monday because there were some anomalies on the affidavits by the applicant which were corrected and presented in court yesterday.
Lawyer representing Chanthunya, Chrispine Ngunde told the court that his client should be granted bail based on three major reasons.
“Chanthunya has been in custody for six years and four months since he was arrested in 2012 in South Africa, that is a long time and he needs to be granted bail,” he told the court.
Ngunde added that he did not escape to South Africa after his warrant of arrest was issued but left for Zambia on August 19, 2010 after the alleged incident had happened on August 4, 2010 and that it was before the warrant of arrest which was issued on September 21, 2010.
However, Ngunde, who was not available for interviews as advised by his client, observed that this being the case, there is no evidence that he fled to South Africa from Malawi as in that he was escaping justice.
He said Chanthunya did not come back home voluntarily but he came back under the rule of law and argued that it could be difficult for him to escape from facing trial.
But, Senior State Advocate, Pilirani Masanjala, said it was not necessary for the court to release Chanthunya on bail arguing that he will take plea soon.
“Chanthunya is expected to enter plea on May 31 and that is just soon, therefore, as State, we think it is not proper that he should be granted bail,” he said.
Masanjala, also said Chanthunya was a flight risk and there was no guarantee that if he was released on bail, he would appear for trial.
Justice Kapindu adjourned the case until further notice to rule on the application.
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