LILONGWE-(MaraviPost)-Lilongwe Chief Resident Magistrate Austin Banda on Monday afternoon ordered that Malawi Congress Party (MCP) Secretary General Richard Chimwendo-Banda be remanded to prison, subject to being taken to a hospital of his choice for medical examination today.
On the issue of the other suspect Alfred Dala Kadula, the court wondered how the state managed to bring him before the court if he was not arrested.
He says since there is an injunction restraining his arrest and detention, he will not remand him.
Background
Banda and Kadula have been charged with attempted murder and appeared before the Chief Resident Magistrate’s Court.
The State said the suspects were brought before the court for committal to the High Court and applied for their further remand.
However, lawyer George Kadzipatike told the court that the defence has preliminary issues that may affect the decision.
He argued that Kadula cannot be detained as he is protected by an injunction restraining the State from arresting or detaining him in connection with political violence cases.
The injunction was presented in court.
Kadzipatike also raised concern over Chimwendo Banda’s health, saying he has been seriously ill since his arrest on Friday.
He told the court that despite informing Kanengo Police and requesting that Chimwendo Banda be taken to the hospital, no action was taken.
He said Chimwendo Banda has a long-standing medical condition and was referred to South Africa for treatment in 2024, adding that the condition worsened while he was in police custody.
The defence asked the court to order that Chimwendo Banda be taken to a hospital of his choice if remanded, until he is certified fit to be held in prison.
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