The High Court in Lilongwe has ordered the unconditional release of Joseph Gama, a 40-year-old murder suspect who has been on remand at Maula Prison for 13 years without trial.
Gama hails from Dotsala Village, Traditional Authority Kasumbo in Dedza District, and was arrested on 15 July 2012 on allegations of causing the death of his sister, Nesingini Liseniyo.
The incident reportedly occurred at a drinking joint where the two were enjoying themselves with some sips of alcoholic beverages. At the drinking joint, Gama accidentally hit his sister’s dog, resulting in a heated argument between them.
In the course of the quarrel, the sister allegedly attacked Gama with a panga knife, striking him on the head. In reaction, Gama grabbed the same weapon and struck his sister, who fell on the same spot. Gama was subsequently arrested and taken to Maula Prison, where he has remained ever since without being committed to the High Court for trial.
After years of being held without trial, Gama’s plight came to the attention of the Legal Aid Bureau, which took up his case. The matter was handled by Senior Legal Advocate Bridget Uledi, who filed an application before the High Court seeking his unconditional release on the grounds of unlawful detention.
In her submission, counsel Uledi argued that Joseph’s detention was a blatant violation of Section 161B of the Criminal Procedure and Evidence Code, which provides that lawful custody must be sanctioned by a Court order pending trial.
“Section 161B of the same Code limits the maximum period an accused person may be held in lawful custody pending the commencement of trial in serious offences, such as murder, to 90 days. Lawful custody after the expiration of the pre trial custody limits must be sanctioned,” reads part of the defense’s submission.
Counsel Uledi therefore prayed for Joseph’s unconditional release, arguing that his prolonged incarceration without trial constituted unlawful detention and violated his constitutional right to a fair trial.
On the other hand, the State made an oral submission but failed to confirm whether the applicant was indeed arrested in 2012. They admitted, however, that too much time had passed and that it was impossible to trace the arresting officer. In view of this, the State did not object to LAB’s application for release.
In its ruling, the High Court found that Gama’s detention for over 13 years without trial was a blatant violation of his right to a fair trial.
The Court granted the applicant unconditional release from Maula Prison. It further ordered that if the State intends to prosecute him, it must file a summons within 21 days from the day of the release instead of re-arresting him.
The Court also directed the State to provide transport to facilitate Gama’s return to his home village in Dotsala, Dedza District.
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