|
|
|
|
| National |
| Murder suspects released |
|
by
Joseph Langa, 08 December 2004
-
08:57:36
|
The High Court in Lilongwe has released 28 prisoners on remand unconditionally; most of them murder suspects, because government failed to take them to court.
The remanded prisoners were released following an application filed by Centre for Legal Assistance (Cela) through its lawyers Innocentia Nkhoma and George Mwale from Lloyds and Associates.
According to a release sheet sourced from Cela, the remandees include 21 juveniles, five men and two women with children from Maula and Kachere prisons in Lilongwe, most of them facing murder charges.
The adults include Laighton Jamileni, 71, James Sonjo, 60, Dimisitala Boma, Enock Masinja and James Juni, Alinesi Dokotala and Laina Chisoni, all facing murder charges.
Some of them have been in the prison for six years while others have stayed there for two to three years.
The juveniles include Tsogolani Lezion 16, Chembekezo Dzimbiri 16 also facing murder charges and 19 others who were facing various charges, ranging from theft, burglary, robbery, malicious damage and armed robbery.
Most of them have been in prison for up to two years without being tried.
“Upon reading an affidavit in support of the application it is hereby ordered that the applicant be released unconditionally,” reads one of the release orders signed by Lilongwe High Court registrar and copied to the DPP’s office and Maula prison.
Efforts to speak to the DPP Ishmael Wadi, who has been told not to speak to the press, failed on Tuesday because two of his mobile phones were out of reach while another one was just calling.
Cela executive member Charles Kasambara said in an interview some of the individuals on remand have been released because of violation of 48-hour rule, overstaying without trial and poor health.
He said they are still waiting for the court to determine on the application for more adults and juveniles, most of whom have stayed in the prison for up to seven years without trial.
“Much as we would want to see justice being done, we find it very unfair and abuse of human rights to keep people for up to seven years without being tried. This is why we initiated the applications to have them released,” said Kasambara.
Chair of the organisation Desmond Kaunda said on Tuesday the centre does not support the release murder suspects unconditionally but government has failed to practise a fair trial which is determined on how soon suspects are taken to court.
“If you keep people up to five years under the torturous conditions that we all know the aspect of fairness is thrown out of the window. That’s why we pushed for their release,” said Kaunda, adding that they target people in bad health.
He said under unconditional release, the authorities are free to take them to court later.
|
| |
|
|
|
|
|
