Audrey Kapalamula, LILONGWE Malawi
Thirteen police officers who were recently arrested in connection with the death of Buleya Lule are expected to answer murder charges contrary to Section 209 of the Penal Code, according to particulars read out by Principal Resident Magistrate Viva Nyimba in Lilongwe yesterday.
Lule died in police
custody in February last year after being picked by the police in relation to
the abduction and murder of a 14-year-old boy with albinism Goodson Fanizo.
Nyimba read the
particulars of the case which were authorised by Director of Public
Prosecutions Mary Kachale which indicate that the 13 cops caused Lule’s death.
The suspects have been
identified as Paul Chipole, Ikraim Malata, Richard Kalawire, Innocent Wanda,
Steve Mashonga, Maxwell Mbidzi, Abel Maseya, Dereck Mtswati, Wallen Chavinda,
Ronnex Kapesa, Robert Tchaka, Chifundo Chiwambo and Evalista Goodwin Mvula.
One of the four lawyers
representing the accused, Enock Chibwana—who is the former Ombudsman— asked the
court to order that the suspects remain in police custody for their protection
against harm at Maula Prison where they have since been remanded.
But Chief State
Advocate Jean Priminta objected to the application and told the court that the
suspects cannot be given special attention.
Nyimba agreed with the
state and dismissed the application and said it lacked legal basis.
An autopsy report
presented by pathologist Charles Dzamalala showed that Lule was assaulted with
different types of instruments, including but not limited to a cylindrical
object, inflicting injury to the head.
The report further said
a hot iron or similar object was placed on a cloth over the skin rather than
directly onto the skin around Lule’s left buttock.
The Malawi Human Rights
Commission (MHRC) conducted an enquiry into Lule’s death and recommended
criminal proceedings against all police officers and others suspected to have
tortured the victim to death.
Lule was one of the key suspects in Goodson’s death but he was later cleared by the MHRC probe.
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