magistrate's court

Magistrate stages obscene event as part of rape case; high court orders a retrial

A magistrate in Malawi, who presided over a sordid sexual scene in his office, has been taken to task by a high court judge. Judge Zione Ntaba ordered that the rape trial being heard by the magistrate, and of which the office scene had ostensibly formed part, should start again under a different presiding officer. The behaviour of the initial magistrate has also been reported to the judicial service commission.

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When the parent of a girl who alleged she had been raped by 22-year-old Yusuf Willy went to the high court in Malawi to complain about what had happened in the magistrate’s court trial, it prompted a high court review of events at the earlier hearing.

Judge Zione Ntaba examined the file on the matter, and what she found makes for alarming reading.

Court chides counsel for ‘scurrilous allegation’ against newly-appointed judge

Counsel for a former presidential adviser on strategy, charged under Malawi’s anti-corruption laws, has come in for a tongue-lashing over the argument he put up in a judicial review application. During the course of the corruption trial so far, the presiding magistrate, Patrick Chirwa (pictured), was appointed as a judge of the high court. Counsel for Chris Banda, the accused, wanted a different magistrate to take over the corruption trial, but the magistrate, now a judge, said he would continue hearing the matter to completion.

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When Lilongwe chief resident magistrate Patrick Chirwa was appointed to the high court bench, he could never have imagined the stir he was about to make in legal circles because of his decision to finish hearing an important matter in the magistrate’s court.

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