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| National |
| Macholowe case proceeds despite strike |
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by
Henry , 21 January 2005
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09:39:23
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Chilobwe
The High Court in Blantyre on Thursday went ahead with hearing of a case in which Clive Macholowe and Yusuf Sanudi are answering murder charges of a police officer despite the on-going judges’ strike that started on Wednesday.
A highly placed source who spoke on condition of anonymity said the court decided to treat the Macholowe case in a special way to speed it up because it involves a lot of people performing different roles as jurors and witnesses.
He said it would be unfair to abandon the case until the judges’ grievances are addressed by government since a lot of people have sacrificed their time so that justice should prevail.
“The court decided to treat this case differently because so many people have left their things to assist in the administration of justice and if we prolong this case too much some of the people involved might abandon it and do their own things,” said the source.
The case involves 10 witnesses for the state and others for the defence. It also involves 12 members of the jury who are required by law to be present throughout hearing so that they make an informed decision.
High Court Registrar Sylvester Kalembera was reported out of office and could not be reached on his mobile phone to explain why the court continued hearing the case when judges from the Supreme Court of Appeal and the High Court are on strike.
During the hearing on Thursday, presiding judge Chiudza Banda nearly kicked journalists out of the court room for reporting things that the court discussed in the absence of the jury, saying doing so might cause the jurors to know things they are not supposed to hear.
“I was furious when I read the issues in the papers last week. You think members of the jury are illiterate? They are not supposed to hear any legal objections raised in the court but they can read whatever you write. You are such a very irresponsible press,” said Banda.
He threatened to kick out the journalists every time the jury retired but Director of Public Prosecution Ishmail Wadi rescued them when he pleaded with the judge to let the journalists stay on condition that they pledged to abide by court procedures.
Malawi Law Society treasurer Alick Msowoya said the presiding judge should have cautioned journalists not to write report anything that the court discussed in the absence of the jury as doing so might leak information the jury is not supposed to know and can give chances for a successful appeal.
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