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Lilongwe District Criminal Registry - 2024 January

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1 judgment
January 2024
R v Mwanavekha and 2 Others (Criminal Case 19 of 2023) [2024] MWHC 28 (9 January 2024)
Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
  • Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
9 January 2024