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| National |
| Macholowe back to jail |
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by
Mclan Kanyang’wa, 20 August 2004
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12:23:15
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There was chaos at the High Court in Blantyre on Thursday when armed police officers re-arrested pardoned prisoner Clive Macholowe minutes after the court accepted his application not to take a plea on two counts of murder and armed robbery.
Macholowe entered the dock in the court a free man after former president Bakili Muluzi granted him a presidential parole on April 9. He and four others were sentenced to serve 10 years for robbing Thyolo National Bank of K800,000 ($7,476).
But the 32-year-old Macholowe, from Mtokota Village, T/A Mwambo, Zomba; Yusuf Sanudi, 31, Kalembo Village, T/A Kalembo, Balaka; Abdul Majid Sanudi, 24, Kalembo Village, T/A Kalembo, Balaka and Joseph Mpasu, 29, Khuzi Village, T/A Kwataine in Ntcheu are facing fresh charges of murder and armed robbery.
Just like the scores of people who were at the hearing at the court, he was shocked when Head of Criminal Investigations Department ( Central Region) Bob Mtekama displayed a warrant of arrest and handcuffed him immediately outside the court. He angrily and vigorously protested the arrest as the police officers whisked him to Southern Region Police Headquarters.
“Kill me now if you want. Just kill me. This is bullshit, I will not allow this to happen this time. I can’t accept it,” he shouted threatening to deal with the police.
Counsel for second and third accused, Reigneck Matemba from the Legal Aid, intervened in the chaos and reasoned with Macholowe on the warrant of arrest
Matemba said in an interview later Macholowe was calm and understood the situation after the explanation.
He added that the warrant of arrest was issued from the office of the Director of Public Prosecutions and was signed at the Lilongwe High Court by Justice Andrew Nyirenda.
The police officers also arrested Abdul Majid Sanudi who had finished his ten year sentence for armed robbery.
State counsel Pacharo Kayira said a warrant of arrest for Macholowe was issued on August 16 since he is answering new charges of murder and armed robbery.
“It is our view that he should not have been released and that he should be in custody,” he said.
Macholowe told the court in his submission that he was not ready to take a plea on two charges due to the absence of his lawyer Pondomo Msiska. He said he only read about the fresh charges in newspapers as he was not served with a summons.
Justice Chiudza Banda read the two charges to the three accused persons and left out Macholowe after his application not to enter plea.
In their plea Yusuf, Abdul and Mpasu pleaded not guilty to the two separate counts.
The four and others who are at large are accused of murdering police officer number A1182 First Sergeant Fanuel on 25 November in 1997 at the Blantyre District Education Office.
They are also accused of being armed with a dangerous weapon, an AK47 and robbing K574,311.06 from the office on the same date.
The matter has been set for hearing on October 25 and the state said it will parade a legion of 10 witnesses.
Macholowe escaped from custody in 1998 on the way from Blantyre Magistrate’s Court to Zomba Central Prison, but was re-arrested in Pretoria, South Africa the same year.
The court learnt that fifth accused Sydney Pangani died in police custody.
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