Senior Resident Magistrate Roderick Michongwe on Wednesday took a swipe at the Malawi Police Services regarding their procedures related to arrests, detention, and bail issuance.
In his bail ruling for the Church of Central African Presbyterian (CCAP) Reverend Kondwani Gondwe, Michongwe said all branches of the Malawi Police Service have to read and know basics of the law when providing the service to the citizenry
He rode on a ruling of Supreme Court of Appeal (SCA) Justice Lovemore Chikopa, in which he said it is in the clear language that any reasonable law enforcer will do the needful and respect the supremacy of the constitution.
In his ruling, Chikopa denounced the arresting of suspects with incomplete investigations.
“Much was said about incomplete police investigations. Whether they can be the basis for a denial of bail. Speaking for ourselves we believe that law enforcement should only effect an arrest when they have evidence of more than mere suspicion of criminality.
“We also believe that such evidence should only be the product of investigations. Where there is no investigation there cannot, we believe, be any evidence.
“Where there is no evidence it would seem only natural that there should be no arrests. We therefore find it rather perverse that law enforcement should arrest with a view to investigate,” reads part of the ruling
Michongwe added; “It must be repeated that section 153(3) of the Constitution demands that in the exercise of their functions, members of the Malawi Police Service shall be subject to the direction of the courts and shall be bound by the orders of such courts.
“The orders must come from the court and not any orders from above or any other authority. All branches of the Malawi Police Service have to read and know these basics of the law when providing the service to the citizenry. Reading of the law will help not only in avoiding the violation of the law, but also the effective enforcement of the law as law enforcers”.
On bail, the Magistrate reminded law enforcers that release on bail in not the end of the case.
“Most of the criminal cases are piling up in courts just because of the misconception that when one has been released on bail the case ends there. When bail has been granted, delaying tactics becomes the order of the day by the accused persons or their representation.
“Cases must come to its logical conclusion. Criminal Justice system is a system as it is so properly called. All involved have to do their part for the system to operate and function. When one involved does not perform, the system becomes disturbed.
“When such delays are occasioned by the accused person, the State is at liberty to make an application to revoke the bail so that the accused person is available before the court and for trial. If the delays are occasioned by the State, the accused person can apply for the discharge for won’t of prosecution under section 247 of the Criminal Procedure and Evidence Code or any other written law.
“Reading the law by law enforcers will help in enforcing the law at all levels of the State and its agencies. It will help to build competencies in the criminal justice system. Enforcing the law requires knowing the law that is to be enforced,” he said
Gondwe was arrested for allegedly publishing false news and producing offensive communication.
Michongwe said that there has been no evidence that investigations by the state are going on.
Despite arguments by the State that he should be kept in custody saying investigations are still ongoing, Michongwe released Gondwe on condition that he should be reporting to the nearest police station, should produce a reliable surety, should comply with the state and court when required to do so and must deposit a cash bond of K200 000.
