Counsel Clive Chiudzu with the Masulas at High Court
The High Court in Lilongwe has set free Mayeso Masula and Michael Masula following a review of their 6-year robbery sentence and conviction.
The matter was first heard before the First Grade Magistrate Court sitting at Chilobwe Magistrate Court where Mayeso and Michael together with two others were answering a robbery charge. They pleaded not guilty and the State proceeded to call witnesses.
At the close of the prosecution’s case, the State having paraded two witnesses, the Court made a ruling convicting Mayeso and Michael because they did not challenge the evidence of a prosecution’s witnesses through cross-examination. The other two were found with a case to answer.
In a request for review to the High Court, Chief Resident Magistrate (CRM) Madalitso Khoswe Chimwaza wrote that the magistrate handling the matter misdirected herself on the procedure.
“Having entered a plea of not guilty, there was no time according to the Court record that shows that the two accused persons, 2nd and 4th accused, changed their plea from not guilty to guilty,” reads part of the document.
It was further observed that the fact that an accused has not cross-examined a State witness does not amount to a plea of guilt. There was a miscourage of justice as the two were convicted without being heard.
A recommendation from the CRM was that the matter should be reviewed by the High Court to reverse the finding, conviction, and sentence for Mayeso and Michael and order a retrial before another competent court.
After being granted an audience before the High Court, the two were represented by Principal Legal Aid Advocate Emily Kusani who prayed to the court to discharge the Masulas as the conviction obtained was manifestly unsafe and contravened the convicts’ vested rights under the Constitution.
Justice Annabel Mtalimanja in her ruling after hearing from both the State and Legal Aid Bureau stated that it was erroneous, a breach of rights to fair trial, and a miscarriage of justice by the lower court to convict the two.
The 6-year conviction and sentence have therefore been quashed by the High Court. A retrial will not be ordered and the two convicts have been released from custody.
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