High Court Judge Ruth Chinangwa ordered that the case involving former Malawi Broadcasting Corporation (MBC) director general Aubrey Sumbuleta should be heard by a jury.
Sumbuleta is answering sexual harassment and abuse of office case charges.
According to Legal Information Institute (LII), jury trials are trials that allow juries to make findings of fact and render a verdict for the trial. The judge decides questions of law, including whether particular items of evidence will be presented to the jury. The parties may, however, request a bench trial, where the judge decides issues of fact and law.
Through his lawyer David Kanyenda, Sumbuleta argued that the trial is supposed to be tried by jury and not by a judge sitting alone in terms of Section 294 (1) of the Criminal Procedure and Evidence Code.
The Section states that all trials in the High Court must be by jury subject to the relevant exceptions gazetted by the Minister under Section 294(2) of the Criminal Procedure and Evidence Code.
In her ruling, Justice Chinangwa noted that the offences of sexual harassment; abuse of office and indecent assault are not caught by the gazetted exceptions, thus, proceeding with trial without jury would be illegal as a matter of law and not procedure.
“The accused has been charged with sexual harassment under the Gender Equality Act; abuse of office under Part X of the Penal Code and indecent assault under Part X of the Penal Code. Notably these offences are not listed as offences that can be tried without a jury under the Criminal Procedure (Trials Without Jury) Order.
“From the foregoing law it is clear that the matter before this court has to be heard before a jury because the offences which the accused has been charged with are not exempted from trial without a jury,” reads part of the ruling
The case has been adjourned to June 26 for directions.
Sumbuleta was arrested after Malawi Human Rights Commission carried out investigations into alleged reports of sexual harassment of female employees at MBC.
Sexual harassment attracts a fine of K1 million and five years imprisonment.
