Namisa Blogger of the year 2013,Stimulating the much needed debate

The Chief Resident Magistrate Ruth Chinangwa has adjourned the
perjury case involving Democratic Progressive Party-DPP interim
President Professor Peter Mutharika and ten other top government officials and former cabinet ministers.
Perjury is among many cases that DPP interim president and others are
being accused of in the infamous treason case.

Director of Public Prosecutions –DPP Bruno Kalemba asked the court to
adjourn to a later date in order to respond to submissions made by
the defense team asking the court to discontinue the case.

According to one of the defense lawyers Samuel Tembenu the directors actions
drags the judicial system in the country into disrepute.

Tembenu also describing actions by DPP as executive misconduct that
infringes on the accused right to fair trial. He told the court that the case should discontinue as a matter of court procedural.
“On the 13 march there was a certification from the director of
prosecutions to the effect that the offences were to be committed to
the high court and today without any explanation we are back to the
magistrate court with same offences.”
He said DPP has erred in discontinuance of some counts in the high
court and resume the same in the lower court.
A according to tembenu before the discontinuance, the DPP was
supposed to inform the legal affairs committee of parliament as the
law demands.
“DPP could have informed the legal affairs committee on the matter and
inform the defense team and start with the case all over again, “said
Tembenu
“As of yesterday the DPP did not communicate to the legal affairs
committee of parliament of their intention to discontinue with the
case from high court back to magistrate court’’ he said.
Tembenu who stood in the court for almost an hour told magistrate Ruth
chinangwa that what the office of director of public prosecution is
doing is infringing the accused the right to fair trial
“Without any explanation on the matter as to why we are back to this
court that alone is an abuse and it is subjected to unfair trial “he
said by adding that With what the DPP has done my clients may not
enter any plea because there has been no formal discontinuation of the
case he said.
Just after defense lawyers preliminary objections there was an
exchange of words between the defense team and the DPP on the proposed
dates to continue with the matter, DPP had proposed that the case
should continue by tomorrow (Thursday) while the defense team said 
they had some commitments this had prompted magistrate Ruth Chinangwa
to adjourn the matter to chambers for the two parties to agree on
hearing dates.

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