July 20 killings: Cop has case to answer

The High Court in Lilongwe has found police officer Stewart Lobo with a case to answer in the shooting and death of a Kawale Township resident George Thekere in the aftermath of the July 20 2011 nationwide demonstrations against government.
Lobo is one of nine police officers facing murder charges in relation to the death of 20 people on July 20 and 21 in 2011.

The State paraded six witnesses in the case which started last year. The witnesses included people who were at the scene, a police investigator and a hospital official.
High Court judge Fiona Mwale used Section 313 of the Criminal Procedure and Evidence Code to make the ruling.
Said the judge: “When the case for the prosecution is closed and upon hearing any evidence which the High Court called under Section 201 has been taken, the High Court is of the opinion that a case is made out against the accused sufficiently to require him to make a defence.”
The court learnt through police investigator Leonard Ndala that the shot was targetted at another young man, Jones Mpambiche, but the bullet hit Thekere instead.
Ndala, however, told the court that he did not manage to get a list of officers who were dispatched to Kawale on July 21 or a list of how the weapons were distributed.
In response to cross-examination from senior legal aid advocate Gift Katundu on why the police did not conduct a parade identification for witnesses, Ndala said this was because Lobo on several occassions dodged the investigating officer.
The judge has adjourned the case to a date to be advised later for the defence to parade its witnesses.
Tione Namanja is prosecuting the case for the Director of Public Prosecutions (DPP).
A commission of inquiry instituted in 2012 faulted the police for the deaths of the 20 Malawians due to excessive use of force and lack of preparedness to handle public mass demonstrations.