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Malawi Supreme Court of Appeal - 2022 February

2 judgments
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2 judgments
February 2022
Mpinganjira v R (Criminal Case 7 of 2020; MSCA Criminal Appeal 9 of 2021) [2022] MWSC 1 (4 February 2022)
Convicted appellant granted bail pending appeal due to prima facie prospects of success, likely delay, trial‑fairness concerns and health issues.
  • Criminal law — Bail pending appeal — Section 24 Supreme Court of Appeal Act — Exceptional/unusual circumstances — Prospects of success on appeal — Admissibility and provenance of audio recordings — Circumstantial evidence — Virtual hearings and public trial — Quorum and Practice Direction — Health as factor.
4 February 2022
Mpinganjira v Republic (MSCA Criminal Case 9 of 2021) [2022] MWSC 29 (4 February 2022)
Bail pending appeal may be granted where prima facie prospects of success and health or delay constitute exceptional circumstances.
  • Bail pending appeal — section 24 SCA Act — discretion exercised in interests of justice — exceptional/unusual circumstances — prospects of success; admissibility and provenance of audio recordings; circumstantial evidence; virtual hearings and public trial; delay/quorum; ill health as special circumstance.
4 February 2022