Mwamadi v R (Misc. Criminal Application 48 of 2016) [2018] MWHC 1054 (26 January 2018)

The Republic of Malawi IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY MISCELLANEIOUS CRIMINAL APP. NO. 48 OF 2016 UMALI MWAMADI ...................................................................... APPLICANT -VS- THE REPUBLIC ................... ,,,e,,, •••••••••••••••••••••••••••••••••••••••••••••••• RESPONDENT CORAM HON. LADY JUSTICE I. C. KAMANGA M'bwana, Counsel for the Applicant Mataya, Counsel for the Respondent Ng'ambi, Court Interpreter JUDGMENT The applicant herein seeks bail. This is probably a 2nd application where conditions that he be tried for the substantive matter for which he has been in custody has been considered. Noting the challenges that the State had presented at the last hearing, this court ordered that the Inspector General should release the police docket to the Director of Public Prosecutions for trial of the homicide matter by 21st June 2017; As the applicant was already committed to the High Court, the DPP was to appear before this court on 28th June 2017 to report whether the Inspector General had released the file for prosecution. And that failure on the part of the I. G. to release the docket to the DPP would constitute contempt of court, whereupon the Inspector General would be summoned by this court to present the name of the officer who was failing to produce the said docket to the office of the DPP and the said officer would have to show cause why he should not suffer contempt proceedings. This court ordered that further directions on the fate of the applicant would be made after the 28 June 2017 attendance of both parties. Neither party was present at court. It would however appear from the documents that were filed in this court from the DPP's Chamber that the docket is in the DPP's custody. A look at the caution statement of the applicant herein moves this court to grant the DPP the benefit of doubt and observe as the DPP has also observed that releasing the applicant before the hearing of the substantive application would create opportunity for the applicant to be a flight risk. His caution statement, on a balance of probabilities contains incriminating statements that casts doubts on his non-involvement in the alleged homicide. For this reasons, the applicant cannot be released on bail. The application for bail is dismissed. PRONOUNCED in Chambers this 26th day of January 2018. I. C. Kamanga (Mrs) JUDGE