Mdambo and Another v Republic (Homicide Case No. 264 of 2016) [2016] MWHC 603 (21 October 2016);

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IN THE HIGH COURT OF MALAWI.

PRINCIPAL REGISTRY

HOMICIDE CASE NO. 264 OF 2016

(BAIL APPLICATION)

 

BETWEEN:

LEONARD MDAMBO

YASSIN BULEKI

VERSUS

THE REPUBLIC

 

CORAM: HON. JUSTICE M.L. KAMWAMBE

                Mr Maele, of Counsel for the Applicant

                Mr Salamba, of Counsel for the State

                Mr H. Amos, Official Interpreter

ORDER

Kamwambe J

The Applicants and deceased were drinking beer together and deceased was going away too drank. Hours later deceased was found dead.

The court finds that there is no strong evidence against the Applicant apart from suspicion that they committed the offence as they were heard saying "awa mawa safika," meaning the deceased.

The Police still have a big task of building the case for successful prosecution. Meanwhile this Court orders the immediate release of the Applicants unconditionally.

Made in Chambers this 21st day of October, 2016 at Chichiri, Blantyre.

M.L. Kamwambe J

20/10/16