Cop found guilty of July 20 murder
The High Court in Lilongwe on Tuesday convicted Malawi Police Service (MPS) officer Stewart Lobo for murdering a builder, George Thekere, during the July 20 2011 nationwide demonstrations.
This is the first conviction the State has secured on the issue. At the time of the incident, Lobo was working on a house in Chilinde, but was originally a resident of Kaliyeka in Lilongwe.
There are four known cases of police officers facing murder charges in relation to the July 20 killings, among them, Ian Kanyama, a son to former Inspector General of Police Paul Kanyama who resigned in 2014.
In her ruling, Justice Fiona Mwale said it was safe to conclude that the State had proved beyond reasonable doubt that Lobo was indeed responsible for the shooting of late Thekere on July 21 2011.
Mwale said even though in his defence, witnesses claimed Lobo was not aiming at Thekere, but a boy named Jones Mpambiche, the accused should have known that his shooting would have consequences.
“I find the accused person No. A7197 Constable Stewart Lobo guilty of the offence of [murdering] George Thekere and accordingly convict him of the offence,” Mwale said.
In his testimony, Lobo told the court that he was not at the scene of the crime, but he was in a Police Mobile Service (PMS) vehicle.
He said he was wearing a khaki police uniform, not a PMS camouflage like his colleagues in the vehicle.
Lobo also said he did not carry a gun as some witnesses had claimed.
In re-examination, Lobo told the court that he did not bring to court the occurrence book that officers sign when they carry guns or the book showing whether he was stationed at the police station in Kawale or elsewhere because it was not his duty to do so.
But Mwale said State witness Sharon Msowoya, who was a tenant where Thekere was working, had positively identified Lobo as the man she saw chasing a boy before he jumped into her fence.
She said the mere fact that she could remember the sequence of events that took place four years ago was enough reason not to doubt its credibility.
The court has since set 14 October as the date for sentencing submissions after which Lobo will be sentenced.
Senior State advocate Tione Atate Namanja said after securing the first conviction, it was up to the people to give their views, but the State had done its job.
Other police officers, who were arrested allegedly in connection to the July 20 killings included Lemekezo Mikuti, Benedicto Dzombe, Paul Mussa, Mahomed Kulusinje and Kelvin Nyirenda, all from Ndirande Police Sub-station in Blantyre.
Meanwhile, Centre for Human Rights and Rehabilitation (CHRR), which has welcomed the development as an indication that no-one, including police officers is above the law. for this
“Maybe now the souls of the July 20 shooting victims can start resting and the families who lost their relatives will get solace that justice has been delivered. Justice should not spare anyone, including commanding officers who instructed them to shoot at unarmed Malawians,” said CHRR executive director Timothy Mtambo said.
