Blantyre High Court to proceed hearing Masambuka Murder case

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By Justin Mkwewu


The High Court in Blantyre has thrown out an application by defence lawyers in the Macdonald Masambuka murder case demanding that some witnesses should testify again.

The defence lawyers made the application after the case moved from the high court in Zomba where it was being heard by Judge Zione Ntaba to the same court in Blantyre.

Masambuka, aged 22, was a victim in the abductions and killings of people with albinism.

His body was found buried on 1st April, 2018, after he was reported missing in March the same year.

The case moved from Zomba to Blantyre after Judge Ntaba recused herself.

Lawyer for the accused, Timothy Chirwa argued that the new Judge should also hear from the witnesses.

They argued that the new court should also hear the witnesses rather than use information which was given to another judge.

Judge Dorothy Nyakaunda Kamanga however believes there was no need to restart the case as it would be time consuming.

Delivering the ruling on Wednesday, Kamanga stressed that the courts have records therefore there is no need to start all over again.

After the ruling, Director of Legal Aid Bureau, Masauko Chamkakala who is representing the victim expressed satisfaction with the verdict.

“We are very satisfied because we want progress, we need to conclude this matter and we are ready with our defence,” said Chamkakala.

He is of the view that the application was made to delay the case and thereby deny justice to the accused.

“Although we may have had some sentiments around recalling some of witnesses but I think we are prepared with the defence witnesses,” Chamkakala added.

Defence Lawyer Chirwa welcomed the ruling even though they would have been happy if they succeeded with application.

“For us it is a welcome development, it was simply a suggestion to the court, requesting it if it wished to rehear the witnesses because we understand the witnesses testified with another judge,” said Chirwa.

He believes Malawians deserve to know who was wrong and who has been accused wrongly in the case.

The case returns in court on the 1st of October for the defence to start defending their case.




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