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| National |
| Police officers in court |
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by
Mclan Kanyang’wa, 10 August 2004
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09:32:03
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The Blantyre Resident Magistrate Court on Monday adjourned to September 2 and 3 hearing of a case in which seven police officers are accused of assaulting and causing bodily to a clinical officer at Queen Elizabeth Central Hospital.
The accused are Peterson Mbwana, 25, Boyd Nyirenda, 36, Matias Matimba 48, Chancy Moyo, 34, Blosson Kaweche, 32, and John Ngwena, 32.
Lawyer Phondoma Msiska, representing one of the accused, asked Senior Resident Magistrate Joseph Chigona to adjourn the hearing on the basis that the prosecution did not serve the defence with a caution statement and other documents pertinent to the hearing which is supposed to be done seven days before trial..
Msiska also said he was not comfortable that the medical report, which is part of prosecution evidence, was done by a doctor at Qech where the assault is alleged to have taken place.
He, therefore, requested the court to order that the complainant be examined by an independent doctor.
Msiska said the accused would be denied a fair trial if the court did not allow for the seven day issuance of caution statement.. Lawyer representing the other six accused Derrick Salima also asked for adjournment on similar grounds
Chigona said the issues raised by the defence needed thorough research and set August 18 as date for preliminary ruling on all issues raised. He also said the case would be heard on September 2 and 3.
Head of Prosecution at the Malawi Police Service, Senior Assistant Commissioner of Police Demster Chigwenembe said the state will parade seven witnesses in the case.
The police officers first appeared before the court last week when they pleaded not guilty to charges of assault and causing bodily harm to Gibrey Sangala
The police officers currently on bail are alleged to have assaulted Sangala while he was in attendance at the emergency ward of the hospital on July 29.
The police officers were arrested on the same day after what police public relations officer Willie Mwaluka said was a directive from the Inspector General of Police Joseph Aironi that they be put on charge.
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