The State is seeking to have alleged sexual harassment trial against former Malawi Broadcasting Corporation director-general Aubrey Sumbuleta be held in camera.
Making the application before High Court Judge Professor Redson Kapindu on Tuesday, Director of Public Prosecutions (DPP) Dr Steven Kayuni said the State`s application is aimed at protecting survivors of the sexual offences.
He said: “There should be modernisation of the criminal justice system where there is protection for victims of sexual offences now in this particular one that’s the framework of the legislation.
“And we are just bringing to the honourable court that if the honourable court consider that but is the decision of the honourable court to make at the end of the day as to how the matter be conducted.”
Dr Kayuni added the State is of the view that witnesses should be accompanied by someone during their appearance in the court.
“The law dictates that where there is need for that and where the court sees it fit the law under the law, there can be someone who can accompany a victim for emotional support,” said Kayuni.
But in response, the defense has described the application as questionable arguing the matter is of public interest as such both the media and Malawians at large need to follow the proceedings.
“It’s a strange application because remember these complainants have already been before Malawi Human Rights Commission (MHRC) I was there myself they came by themselves, they did not come with anybody else accompanying them so it is strange that here now they are making that application.
“My client has absolutely nothing to hide that is why he wants his trial to be conducted in public so that he can be vindicated so that Malawians can here themselves what the testimony is,” said David Kanyenda, one of the lawyers representing Sumbuleta.
Hearing of the matter has been adjourned to October 14, 2021 where the court is expected to make its determination on the applications by state.