Zomba Chief Resident Magistrate seating at Balaka, yesterday failed to pass judgment to a defilement case in which a Balaka based businessman Batwel Wyson Gandazeya 47, is accused of defiling a 15 year old girl.

Gandazeya, comes from Kandeu village, Traditional Authority Ganya in Ntcheu district but resides at Balaka town where he runs his business.

The suspected is accused of defiling a 15 year old girl on several occasions, a charge he is denying.

The case was adjourned after the accused through his lawyer Author Makhalira asked Chief Resident Magistrate Jean Rosemary Kaira to excuse herself from the case for fear of being bias towards the victim as she is a child rights activist.

According to Eastern Region Police Prosecution officer Mwawi Kalua, the state was ready to parade 7 witnesses.

The Magistrate adjourned the case to 14th November, 2014 for the ruling on their applications.