‘Freed’ Mayaya can demonstrate again- lawyer
Human rights activist Billy Mayaya is free to conduct another demonstration without being in conflict with the law, his lawyer Gift Katundu has said.
Mayaya, 52, was arrested near Area 18 roundabout in Lilongwe on Tuesday alongside Lackson Million, 48 and Chimwemwe Sipoko, 47, for “conducting a public demonstration without authority, contrary to Section 108 of the Police Act.”
But in court, the Police charge sheet also included unlawful assembly, which is contrary to Section 71 as read with Section 72 of the Penal Code.
The three pleaded not guilty to both offences and were on Wednesday released out on bail after spending a night in a police cell.
And contrary to what the state prosecution team advanced to have the accused locked up in custody, Kankhuni told journalists soon after his clients’ bail application triumph that it would be unlawful to prosecute the accused should they decide to conduct another demonstration.
Said Kankhuni, “Of course they are free to express their feelings in any way; including holding demonstrations should they feel like doing so. They still maintain all their rights just like any other citizen. I mean, they are just suspects and not yet convicts; we should always remember.
“This is why I found it puzzling for the state to cling to my clients, as they argued the latter would tamper with evidence and can start another public demonstration.”
Earlier in court, presiding magistrate for the Mayaya ‘Escom-demo’ case, Shyreen Yona, also dismissed the state’s submissions on the same as earlier made on Tuesday evening to grant the accused their bail.
“…If at all the state has not completed its investigations in the case, as it is argued for reasons to deny the accused persons bail, then it can also be questioned how the prosecution had managed to come up with some charges on the same as early as the day they were arrested.
She said, before adding: “The state needs to go further to convince the court as regards why and possibly how the accused can interfere or tamper with evidence or witnesses once on bail…”
A few minutes before noon, Mayaya and his co-accused were finally granted bail on condition that they each pay K20, 000 before leaving the court premises; each provide two traceable and reliable sureties each at K500, 000; to appear once in a fortnight at Lilongwe Police station on Tuesdays at 9 O’clock and also to hand over all their travel documents to the Central Region Police Headquarters.
During the bail application on Tuesday, only seven people (sympathizers) were around. But on Wednesday, several members of the civil society turned up in solidarity for Mayaya.
They included Reverend McDonald Sembereka, activist-cum-politician Jessie Kabwila and lawyer Chrispin Sibande.
Sembereka and Fryson Chodzi played sureties for Mayaya while Sipoko had activist Bright Kampaundi and Chikumbutso Mtumodzi. Lackson Million was represented by his work colleagues from National Initiative for Civic Education (Nice).
