The African Court on Human and People’s Rights in Arusha Tanzania has dismissed an application filed by murder convict Misozi Chanthunya on his claim that the Respondent State had violated his right to fair trial.
Chanthunya alleged that his right to fair trial, namely, the right to be presumed innocent until found guilty, was violated since the conviction and imposition of his sentences were not based on strong and credible evidence.
Currently serving a life sentence for the brutal killing of his Zimbabwean girlfriend Linda Gasa whom he buried in his cottage, through his lawyer Micheal Goba, Chanthunya argued that Malawi violated his rights to a fair trial by what he described as the use of allegedly doctored call logs.
However after going through the submitted arguments, the African Court on Wednesday quashed the application.
It noted that the applicant contended that the High Court’s refusal to grant a stay of its proceedings pending the determination of his appeal to the Malawi Supreme Court of Appeal (MSCA) on preliminary issues, and the High Court’s Registrar’s failure to prepare the appeal record and send it to the MSCA, unjustly prevented his appeal on preliminary issues from being set down and heard; thus he claimed that his right to fair trial was violated.
“The Court noted that, there is no evidence in support of the allegation that the High Court’s Registrar failed to prepare the appeal record, and to send it to the Malawi Supreme Court of Appeal; (MSCA) and that the Applicant’s appeal on preliminary issues was heard by the MSCA which gave its ruling on 22 July 2020.
“The Court further found that, the MSCA could not determine his appeal if records of appeal were not submitted as alleged. Consequently, the Court found that this allegation was unfounded.” Reads part of the ruling.
Concerning the alleged failure of the High Court to grant stay of proceedings pending the determination of the Applicant’s Appeal to the MSCA on preliminary issues, the Court found that the MSCA, dismissed the application on preliminary issues, since Chanthunya didn’t show what irreparable damage, and injustice he would suffer if the proceedings were not stayed.
“Therefore, it cannot be said that the Applicant’s right to be heard was breached at any stage of the domestic proceedings. The Court, therefore, found that the Respondent State did not violate the Applicant’s right to fair trial in respect of this issue”. It reads
A thorough examination of the records, found that the Malawi High Court, in convicting the Applicant, only relied on unfalsified and concrete evidence that was presented before it and was thus in full compliance with the procedural requirements under the Respondent State’s criminal procedure and the evidence laws.
“The procedures relied on by the High Court align with international human rights standards, specifically those enshrined in Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right to fair trial, including right to be convicted after a lawful trial. The Court, therefore, found that the Respondent State did not violate the Applicant’s right to fair trial regarding his conviction.” reads the judgment.
Justice Ministry Spokesperson Frank Namangale hailed the ruling explaining it means that Malawi is a law abiding nation.
“So this judgment only vindicates us as a nation that we are a law abiding nation at the local, regional and international level”
Chanthunya’s lawyer Goba Chipeta said he will comment on the next course of action after reading the court judgment thoroughly.
Chipeta monitored on ZBS news said what the African Court on Human and People’s Rights in Arusha Tanzania presented was a summary.
“From now what we’re waiting for according to the procedures of the Court, the Registry is going to send us the full judgment with the reasons and the logic behind the conclusions that were read today.
“So as of now, I cannot say much I cannot comment much, because I haven’t read the fully reasoned judgment which the Registry is yet to send to us most definitely because at that level I would have good reason to sit down with my client, do reviews, and then we make a comment”
Judge Ruth Chinangwa sentenced Chanthunya to life imprisonment in 2020 following the murder which allegedly occurred on or about 4th August 2010 at Monkey Bay in Mangochi District and he initially appealed to the Supreme Court of Malawi which dismissed it.
The charge was later amended to include the offences of hindering the burial of a dead body contrary to section 131, and perjury contrary to Section 101 of the Respondent State’s Penal Code.
