By Zenak Matekenya- Mana.
Mzuzu Senior Resident Magistrate, Peter Kandulu Thursday evening granted bail to Democratic Progressive Party (DPP) Regional Governor, Mzomera Ngwira and four others accused of causing bodily grievance harm, unlawful wounding and proposing violence during Malawi Congress Party (MCP) rally on March 20, 2016 in Mzuzu.
Ngwira handed himself to Police the same day he was granted bail while his co-accused, DPP Deputy Director of Operations, Joe Nyirongo, popularly known as Big Joe, George Mwamtobe, Lumbani Munthali and Thembisile Nkosi were arrested last week and later implicated Ngwira in as the one who sent them for the violence.
In its application the state led by Senior Superintendent, Moja Phiri argued that the accused jumped bail granted by Police in 2016 on the same case which it described heinous.
It further said Police failed to re-arrest the accused as they were connected to some influential people in society.
Kandulu said it was wrong to allege that the accused jumped bail because Police have no powers to give bail on heinous cases but only the court.
He said the Court would not want to associate itself with an error police made by granting bail over a heinous case.
He added that in its application police failed to demonstrate any law that prevents it to from conducting its duties freely because someone is connected to influential people.
Kandulu said Police must always ensure that there was order in the country without favoring anyone saying Police’s protection of people because they are in government means failure of its mandate.
Kandulu warned those in government against abusing others saying if Police fails to arrest one today, the very same police would make the arrest tomorrow.
He granted the five respondents bail of K 200, 000 cash surety and K 500, 000 non cash surety from their blood relations.
The Magistrate demanded the five to surrender their travelling documents and avail themselves to Police Monday every fortnight.
He asked them to notify Police in writing whenever they want to travel outside Mzuzu.
Kandulu urged both parties to be committed in speeding up the case asking them to propose the next day of hearing and the state and defense teams settled for August 21, 2020.
Before the bail was granted, the State paraded four witnesses who included a victim, MCP Chairperson for Youth in Lilongwe, Abdula Yahaya, who was hacked on head,
He told the court that he was hacked at Chibavi Primary School Ground before the rally commenced and he identified one of the accused in the dock to have been behind the hacking.
“We rushed to the ground after we were told by our colleagues hat some young men were removing flags and violent. When we reached there our min bus run out of fuel and they [accused] came to smash the min bus grasses and later hacked me with my colleague who is now late,” he said.
The accused are represented by lawyer, Christon Ghambi.