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High Court of Malawi Commercial Division
High Court of Malawi Commercial Division - 2024 January
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January 2024
Republic v Mwanamvekha, Kabambe & Mathanga (Criminal Case 19 of 2023) [2024] MWCommC 1 (9 January 2024)
Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
9 January 2024
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