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High Court of Malawi Criminal Division - 2023 February

3 judgments
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3 judgments
February 2023
S ( On the application of Helen Buluma) v Ombudsman (Judicial Review Case 9 of 2023) [2023] MWHCCrim 2 (23 February 2023)
Permission for judicial review denied; Ombudsman properly found appointment void and had jurisdiction.
  • Administrative law — Judicial review permission; Ombudsman jurisdiction under section 123 Constitution and s.5 Ombudsman Act; unlawful appointment void ab initio; ratification cannot cure illegal recruitment; illegality defeats legitimate expectation to benefits.
23 February 2023
Jordan v R (Criminal Division 11 of None) [2023] MWHCCrim 1 (1 February 2023)
Application to adduce mother’s fresh evidence on victim’s age refused; victim’s own testimony on age held admissible.
  • Criminal procedure — s.356 Criminal Procedure and Evidence Code — admission of fresh evidence on appeal; test: not available at trial, relevant, credible, may affect result, and reasonable explanation for non-production. Evidence of age in defilement — complainant’s own testimony admissible; parents or medical examination preferred but not mandatory. Failure of trial counsel to call known witness undermines application for fresh evidence
1 February 2023
Mujiya v R (Miscellaneous Criminal Bail 14 of 2022) [2023] MWHCCrim 3 (1 February 2023)
Court refused to hear bail application and directed applicant to apply to the judge seized of the ongoing trial.
  • Criminal procedure — Bail pending trial — Court refusal to entertain bail application where substantive trial is at an advanced stage before another judge — Case management and forum for bail applications.
1 February 2023