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Commission wants Theu in custody
By
Francis Tayanjah-Phiri - 25-06-2002 |
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Malawi Human Rights Commission says it will challenge the bail recently granted to Duncan Theu, a man accused of forcing two boys to have sex with their mother in Mzimba district.
Theu was arrested in March this year and given bail the following month.
The Commission also says it would like to be involved in the court proceedings on Theu who is to appear before Mzuzu Chief Resident Magistrate’s court on a date yet to be fixed.
“We intend to participate as Amicus Curiae (friends of the court) and make our own submissions. Due to the gravity of violation of rights, we will wish to point out salient human rights issues in court while proceedings are at the stage of submissions,” said the Commission’s principal legal officer Wellington Kazembe in an interview.
Meanwhile, the Commission has released a report on its investigations in the case. The report says the Commission confirmed that the rights of both the mother and the two boys were grossly violated.
The Commission says the suspect should not be on bail because he is a threat to society and is likely to continue violating other people’s rights.
“It appears that everyone fears Theu in the district. As such we recommend that he should not be given bail as he is still a threat to people,” said Kazembe, quoting the report.
Theu, an agricultural officer in Mzimba, was reported to have assaulted Mercy Mtonga (42) and her children Alick Shaba (20) and Phaskani Shaba (18), after the children had stolen cassava from his garden.
The mother, who had offered three chickens and K1, 500 as a token of apology for the crime of her sons had committed, was in addition to being subjected to the indecent act, striped naked and burnt in her buttocks.
Irked by the findings, the Commission has further recommend speedy prosecution of Theu. It also recommends that Theu be asked to compensate the victims for the degrading treatment they went through at his hands.
Theu was initially charged with seven counts ranging from malicious damage to indecent assault.
Media reports quoting the Director of Public Prosecution Fahad Assani, who indicated that he would personally prosecute the case, said Theu would also answer two counts of rape, three counts of malicious damage and indecent assault. |
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