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The Malawi Supreme Court of Appeal yesterday reserved its ruling on an appeal case involving Clive Macholowe who was convicted and sentenced to 10 years for armed robbery in 1998.
A panel of three Supreme Court judges namely Justices Duncan Tambala, Atanazio Tembo and Anastanzia Msosa said they would deliver their ruling at a date to be announced later.
Macholowe, looking smart and neat, wore a dark three button suit with a white shirt and stripped neck tie with black shoes looked composed in the dock as he took notes from the proceedings and giving his lawyer Pondomo Msiska instructions.
Msiska tendered medical documents which indicated that Macholowe is HIV positive and that he is currently on TB treatment and asked the court to reduce his sentence and suspend the rest.
“My cient is a sick man as evidenced by the medical reports from doctors. He needs a soft diet and he is currently on TB treatment. The doctors have recommended that he should not be in overcrowding environment. He was convicted to serve sentence and not die in Prison,” said Msiska.
He said macholowe’s accomplice, Charles Nthenda died in prison after the Supreme court dismissed his appeal when he told the court that he was sick.
Msiska argued that Macholowe’s conviction was against the weight of the evidence produced in the High Court saying all the the 13 state witnesses did not implicate him save for two who had contradicting evidence.
He also said the trial judge in the High Court failed to direct the jury on the identification evidence of Macholowe.
State lawyers Tonda Chinangwa and Chifundo Phiri argued that the verdict was proper as he was properly identified by a guard at Thyolo National Bank Peter Chikwama when he was about to rob the bank.
On Macholowe’s medical condition, Phiri said the convict can receice treatment while in custody as also evidenced by the medical reports that he even received treatment at Chinamwali Private Clinic, an indication that the state is taking care of Macholowe.
“The medical reports show that Macholowe s HIV positive yes but it does not say that he has started suffering from Aids. It will be discrimination if we take him out of prison because we have so many prisoners who are also sick,” said Phiri.
She also argued against reducing the sentence saying armed robbery is a serious offence with a maximum penalty of death or life imprisonment.
Phiri said whe was not asking for the sentenced to be enhanced.
Macholowe and four others were sentenced to serve for 10 years for robbing Thyolo National Bank of K800,000.
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