Counsel with the accused
The Malawi Legal Aid Bureau (LAB) is ready to enter defense for Chitipa-based Billy Mawombe and Clement Sichali who are jointly accused of murder.
The two appeared before High Court Judge Justice Justuce Kishindo in Chitipa district today, Tuesday, where the Court had to rule on whether or not the accused have a case to answer.
It is alleged that Mawombe and Sichali were involved in the death of a man in 2019 after being beaten up. Relatives of the accused sought legal aid following their arrest in February 2020, and it was granted.
Justice Kishindo in his ruling on case to answer pointed out that the prosecution closed its case after parading three witnesses. One of the three witnesses said he saw the accused beat up the deceased but did not witness his death as he left during the beating.
A postmortem showed that the deceased died due to shock from excessive blood loss from a cut wound. The Court viewed that at this stage, the State only had to show that the accused could have caused the death of someone.
The Court therefore found the two with a case to answer as it believed that the State has made its case to warrant the accused to bring evidence in defence.
Addressing the Court on behalf of the accused, Principal Legal Aid Advocate Chikondi Duke indicated that Mawombe and Sichali are going to testify in defence concerning matters relating to whether or not they were at the scene where the deceased was attached.
He further told the Court that seven witnesses including the accused will be paraded to prove that they are innocent. The two already pleaded not guilty to the charges leveled against them.
The High Court has adjourned the matter to January 2024 and the accused will remain on bail.
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