Tadikira, Stepson of Former President of Malawi granted bail in mass grave case of 30 immigrants
Mafubza was not present at the bail hearing and was represented by his defence counsel.
Malawi: The Mzuzu High Court granted bail to Tadikira Mafubza, the stepson of former President of Malawi, Arthur Peter Mutharika, on Wednesday, in relation to a case where he is suspected of involvement in the deaths of 30 immigrants who were found in a mass grave in Mtangatanga Forest Reserve in Mzimba, writes George Mponda, MANA.
Mafubza was not present at the bail hearing and was represented by his defence counsel.
His lawyer, Gilbert Khonyongwa, argued that justice demands Mafubza's release as he had already spent over a month in custody.
“My client is a Malawian who has a family as well as a permanent place where he lives, and he is an employee of the Roads Authority, which makes him likely to attend trial once the state is finished with its investigations,” Khonyongwa argued.
Mafubza's defence counsel argued that his client is innocent until proven guilty and that further detention would constitute pretrial punishment.
The prosecution, represented by Senior Assistant Chief State Advocate Dzikondianthu Malunda, stated that Mafubza is suspected of being involved in the trafficking of 30 illegal immigrants who died and were subsequently buried in a mass grave in Mtangatanga Forest in Mzimba.
“According to police investigations, Mafubza is the owner of the van that was used to ferry the immigrants, and he is suspected of having been aware of the transaction and burial of the suspected immigrants,” Malunda said.
“The driver of the van, Samuel Navaya is still in custody and investigations are ongoing. whereby indications are showing that two suspects who are mainly connected to the driver are still on the run outside the country, which is a tricky situation for the state since it is prudent for the trial to start only if those two are arrested.”
The prosecution argued that if the court were to grant bail to the suspect, they should impose strict conditions to ensure the suspect's attendance at trial.
“He should deposit with the court a cash bond not less than K2 million together with two K5 million sureties, and he should be reporting to Area 3 Police Station once every two weeks as well as surrendering his travel documents. He should also not leave Lilongwe without authorization from the officer in charge of the Lilongwe Police Station, and he should not contact any state witnesses,” he said.
In her ruling, Judge Gladys Gondwe stated that bail is a right for all detained individuals, even those accused of murder, and the main consideration is whether the applicant will attend trial.
“Since the state did not make any demonstration that there is need for the applicant’s continued detention, there is no basis for not granting bail,” said Gondwe.
Judge Gladys Gondwe granted bail to Mafubza with the condition that he pay a cash bail bond of K2 million, provide two reliable sureties worth K5 million each, submit copies of his national identities, and report to the National Police Headquarters immediately upon release.
Additionally, Mafubza will be required to submit his travel documents to the court, report to the National Police Headquarters every other Tuesday, and not interfere with investigations by contacting witnesses.
He is facing murder and human trafficking charges along with four other suspects: David Luhanga, Thomas Gidson, Samuel Navaya, and Duncan Kalulu.