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The Director of Public Prosecution (DPP) Ishmael Wadi said on Thursday he has completed investigating the case of UDF deputy director of research Humphrey Mvula Rodson Jangiya and two others who were granted bail by the High Court also on Thursday.
Lilongwe High Court Judge Joseph Chinangwa said after careful consideration of the circumstances presented before the court it is satisfied that the applicants be granted bail.
He said Mvula and Jangiya’s medical condition as substantiated by three medical reports amount to exceptional circumstances that warrant accused persons facing murder charges to be granted bail.
“The state would like to conduct trial to sick persons and not to abandon the case because they are dead because of the illness as evidenced by the medical reports,” said the judge. “It’s better to give them a chance to take care of themselves”
He said the court would like to believe that the three physicians who prepared the medical reports discharged their duties with honour, integrity and professional ethics of their calling.
“It would be quite unfortunate and indeed a disservice to the noble profession if the contrary were the case,” Chinangwa said. “Thus this court would take into consideration of expert opinion on the medical conditions of the first and second accused persons (Mvula and Jangiya)”.
The judge quashed the DPP’s argument that once released the accused persons would interfere with the investigations and witnesses, saying the facts presented to the court on the issue are insufficient far below the standard of proof on a balance of probability.
The bail was granted on condition that the four accused persons pay K500,000 ($4,629) each and produce two sureties each who should also pay K250,000 cash each.
The four accused persons have also been ordered to surrender their travel documents to the police where they are supposed to be appearing every Monday.
They have also been ordered not to leave their respective police jurisdictions without the knowledge of the officer-in-charge and warned them that a breach of any part of the bail bond would lead to revoking of their respective bail.
Wadi, who was not in court during the ruling, said he will study the court ruling and make a decision.
However, he said he has no problems with the accused persons going on bail because he is not certain when the Judiciary will have funds ready for homicide cases although he has finalised his investigations on the matter.
“There is no point keeping people in prison when we are not aware when they will be taken to court,” said Wadi.
But Wadi warned that he will strictly monitor the four accused persons to make sure that they comply with the bail conditions, failing which he will apply to have the bail revoked.
Homicide cases are currently not being conducted because the judiciary is reported to have diverted about K2 million for homicide cases from the donors who are not providing fresh funding until the money is accounted for.
When granting bail, Justice Chinangwa said he is of the view unless disapproved by the subsequent conduct of the clients that the accused persons are responsible citizens who would not opt for a life of a criminal fugitive offender in a foreign country but would honour bail to present themselves for trial until conclusion of the case.
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