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| National |
| Chiwaya to testify from his house |
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by
Aubrey Mchulu, 18 March 2003
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Blantyre Second Grade Magistrate Diana Mangwana has upheld a defence application that UDF Blantyre Urban district governor Eric Chiwaya, who dragged to court residents of Manase Township for allegedly assaulting him and damaging his property, should testify from his house on March 27.
The residents assaulted Chiwaya and destroyed his property after accusing him of harbouring blood suckers.
Mangwana made the ruling following an application by defence lawyer Gaston Mwenelupembe who said some of the facts of the case could be easily understood if the court visited the site of the incident to appreciate how it all happened.
Mwenelupembe, who is also deputy chief legal aid advocate, is expected to continue cross-examining Chiwaya when the court reconvenes.
The court failed to shift proceedings of the case to Chiwaya’s house on March 4 after UDF Young Democrats, in the company of Chiwaya, beat up and injured four people using panga knives at the court during hearing.
The UDF Young Democrats had earlier booed Mwenelupembe in court when he asked Chiwaya questions in cross-examination to explain his ordeal.
Mangwana ruled that the court was recusing itself from the matter following the violence because there was no security for the court, counsel and defendants.
The four injured are witnesses and defendants in the case and were identified as Martha Januwale Mungomo, her son Sailesi, Esnath Kalonga Kunkuyu and Margaret Nthalo, all of Manase.
The magistrate last week made a U-turn saying she will continue handling the case.
Twenty-three people, including a village head, were arrested for the assault.
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