By Brenda Kayo:
Activist Sylvester Namiwa remains in custody after the High Court in Lilongwe deferred its decision on his bail application in a case in which he faces treason and publication of false news charges.
High Court Judge Mzondi Mvula Thursday heard arguments from both the defence and the State during a chamber hearing but said he needed more time to consider the submissions before delivering his ruling.
Namiwa, executive director of the Centre for Democracy and Economic Development Initiatives, was not in court because the proceedings were held in chambers.
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His lawyer, Gift Mwenye, said the State was not opposing bail but the two sides differed over the proposed conditions.
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According to Mwenye, the State proposed a K2 million bail bond, two sureties bonded at K3 million each on a non-cash basis, surrender of travel documents and fortnightly reporting to the police.
The State also wanted Namiwa to refrain from giving interviews similar to those allegedly linked to his arrest.
Mwenye said Namiwa was prepared to comply with the conditions but could not easily raise the K2 million bond.
He described Namiwa as a voluntary human rights campaigner with limited financial resources and asked the court to reduce the amount.
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State lawyer Tapiwa Msimuko confirmed that the prosecution had no objection to bail, saying investigations had been completed.
She, however, asked the court to retain the proposed conditions if Namiwa was granted bail.
Another defence lawyer, Innocent Ziba, argued that the K2 million bond was disproportionate to Namiwa’s circumstances and proposed that it be reduced to K500,000.
Ziba said bail conditions should ensure an accused person complies with the court process rather than make release unaffordable
