There was drama at the Mzuzu High Court when Justice Dingiswayo Madise discharged three police officers from a case in which they were being accused of murdering a Natural Resources College student Edson Msiska in the city’s police cells in February 2011.
Immediately after discharging the law enforcers, namely, George Kamphe, Lucious Mpakakeni and Victor Msoloma, the bereaved family members descended on the three right at the court premises.
Ironically, the Drama started with a loud cry in the court room from family members of Edson after the Justice Madise discharged the three suspects.
The decision by justice Madise arrived after the defense team which included Christon Ghambi and George Jivason Kadzipatike applied to the High Court to discharge their clients because state lawyers did not turn during the hearing of defense on the matter yesterday, 22 July 2014.
The case of the three police officers at Mzuzu Police’s Criminal Investigations Department has been drugging since 2012.
Lawyer for the accused Christon Ghambi based Criminal Procedure and Evidence Code section 247 to apply to the court to discharge the three.
Ghambi told the court that , “ my lord, the state did not even communicated to this honorable court or even to us that they will be present during this case, we are therefore applying to this court to dismiss our clients from this case, basing on countries law.’’
In summary the quoted section states that, when a complaint or the prosecutor does not attend a case, there is no reason to adjourn the case, and the court shall discharge the accused.
After roughing up the accused law enforcers, the disgruntled members of the family besieged northern region police headquarters demanding a meeting with just new boss at the Northern region police headquarters, Commissioner Mrs. Gondwe.
Mzuzu Police Spokesperson Sergeant Maurice Chapola refused to release more information on the matter saying he had no information.
“I do not have information right now; let me talk to our prosecutors, who went to court for the case and I can comment later,” said Chapola.
Late Edson Msika then 30 was found dead in Mzuzu Police Cells after he was arrested for found with property suspected to have been stolen.
It was however transpired that the property was for his brother. Police lied to the nation that Edson had been sick.
Postmortem conducted by a renowned Dr. Charles Dzamalala revealed that Edson was brutally murdered.
