High Court Judge Chifundo Kachale has found Police Commissioner Evalista Goodwin Chisale alongside nine other officers with a case to answer on the murder of a 44-year-old Buleya Lule, who was prime suspect in the abduction and murder of a 14-year-old boy with albinism from Dedza District.
The court has however acquitted three officers Derreck Mswati, Ronnex Kapesa and Robert Chaka on charges of murder and causing grievous harm.
Lule died on 21 February 2019 in police custody, a day after appearing before the Lilongwe Magistrate Court, a development which resulted into an independent autopsy by the Association of Persons with Albinism in Malawi (APAM).
Those found with case to answer are Paul Chipole, Ikram Malata, Richard Kalawire, Innocent Wanda, Steve Mashonga, Maxwell Mbidzi, Abel Maseya, Wallen Joshua Chavinda, Chifundo Moses Chiwambo and Evalista Goodwin Mvula.
“The court gave a comprehensive ruling and the analysis, and we agree with the analysis by the court.
“The next step are that the matter will come on the 19 for the defense to indicate the number of witnesses and also whether the accused persons are going to testify in their own defense,” said Dzikondianthu Malunda, Senior Assistant Chief State Advocate.
Meanwhile, one of the defense lawyers Masawuko Chamkakala says he accepts the court’s determination, and the defense is ready to enter defense.
He said: “It’s a ruling of the court, at this stage I think we have to do what we have to do, there is not much we can do in terms of reacting but just to help him [Kalawire] in his defense.”
The counts range from murder which is contrary to Section 209 of the Penal Code, grievous harm contrary to Section 238 of the Penal Code and negligently omitting to do an act which is one’s duty to do contrary to Section 247 of the Penal Code.
The matter is expected to enter defense on 19 October 2022.