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‘Police cannot be trusted on Chasowa’

The Malawi Law Society (MLS) and the Malawi Human Rights Commission (MHRC) have added their weight on calling for an independent inquiry into the death of Polytechnic student Robert Chasowa.

The decision follows a position that the Malawi Police Service (MPS) have taken in their letter to Ministry of Justice and Constitutional Affairs, maintaining the stand that Chasowa committed suicide.

Died mysteriously

Government had planned to bring foreign investigators to probe the matter. In the letter, the police’s conclusion contradicts results of a commission of inquiry instituted by former president Joyce Banda, which established that Chasowa was murdered.

But MLS has said only an investigative report by an independent body might lend credibility to findings on how the fourth-year engineering student died in 2011.

MLS president Khumbo Soko, in a response to a questionnaire, said the police could not be trusted because there were allegations that some senior police officers played a role in events leading to the death of Chasowa.

Soko said from what was put in the public domain, there was an opinion from a forensic pathologist that concluded that the injuries suffered by the deceased were consistent with an assault, rather than suicide.

Chasowa’s father (L) talking to his lawyer during a recent court appearance

“I am not certain how this particular piece of evidence fits into the conclusion of the police,” Soko said.

MHRC chairperson Justin Dzonzi agreed with Soko that only an independent team may bring up credible results.

Dzonzi, however, said the report of a commission of inquiry instituted by Banda could not be used in a court of law because it was full of hearsays.

Feels police could not be trusted: Soko

He said commission of inquiries have different terms of references (ToRs) and usually tackle broad issues. Dzonzi said whichever way any investigative report may go, people would continue to raise doubts, especially when the findings differ with available evidence.

He said Chasowa was politically connected and highly suspicious, adding the matter becomes complicated when there is a commission of inquiry report that rules out suicide while police, on the other hand, claim the student committed suicide.

Trapence (2nd L) exchanging notes with lawyers Mwiza Nkhata
(2nd R), Khumbo Soko (R) and a well-wisher

Dzonzi said: “But police’s recent report is not credible, it is so difficult to believe it. Independent investigators, as earlier arranged, must be engaged.”

The human rights activist said he did not know how police would come up with an independent report, arguing that some individuals that were arrested and charged after the commission of inquiry issued its report, are in power now.

Centre for Human Rights and Rehabilitation (CHRR) executive director Timothy Mtambo said in an interview it is sad that police have continued to lose credibility in the manner Chasowa case has been handled.

 Mtambo said his organisation could not believe that the police have continued to toss into a dustbin a report done by professionals.

One of the professionals who was involved in Chasowa’s inquiry said it was clear that politics was at play in trying to discredit the conclusions that he was murdered.

Minister of Justice and Constitutional Affairs Samuel Tembenu is on record saying government has proceeded to engage co-operating development partners for assistance for a fresh probe police want to undertake.

The probe, which was headed by Justice of Appeal Andrew Nyirenda [now Chief Justice], found that the alleged suicide note was fake, and that Chasowa was murdered. Chasowa was found dead at Polytechnic campus on September 24 2011.

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