The Senior Resident Magistrate’s Court in Lilongwe has found a Zambian national Kelby Malambo with a case to answer on offenses relating to possession and dealing in specimen of listed species.
Malambo was apprehended in February this year at Mwami Filling Station in Mchinji where police intercepted him while allegedly transporting 22 pieces of raw ivory worth over K53 million.
The State paraded five witnesses to prove their case who prompted Magistrate Wanangwa Nyirenda to find the 47-year-old with a case to answer on three counts.
However, immediately after the ruling, Malambo, who is not being represented by any lawyer, requested that the last state witness who testified in court should be recalled for another cross examination.
According to Malambo, the detective from the Malawi police service told the court a number of false findings from investigations that were done upon his arrest.
Delivering his determination on Malambo’s request, Magistrate Nyirenda agreed with him that it is possible to recall a witness if the court sees that no justice is being done to the accused.
The Magistrate was however quick to point out that the request cannot be granted if it is deemed a waste of the court’s time.
Five witnesses that the state paraded included two motorcycle operators that assisted Malambo to transport the items, head of investigations on wildlife crimes at police, a wildlife identifier and a detective from the police.
With the ruling, Malambo has opted to testify on his own in his defense as well as bring to court four more witnesses who will include an official from Airtel Zambia.
Hearing of the matter is expected resume on October 25, 2021 for continuation.