10 cops found with case to answer in Buleya Lule murder

The High Court of Malawi has ruled that 10 of the 13 police officers arrested for the death of suspect Buleya Lule in police custody in 2019 have a case to answer.

Delivering his ruling yesterday, High Court of Malawi Judge Chifundo Kachale said the 10, including Commissioner Evelista Goodwin Mvula, have a case to answer on a charge of murder.

He said: “It was clear that there was an enterprise to extract a confession or conduct an unlawful interrogation which led to the death of Lule.”

Kachale said the court found no case against Ronex Kapesa, Robert Tchaka and Dereck Mitswati on the counts of murder.

The judge said: “The evidence from the record does not show in any way how those particular three suspects were party to any assault that could have been part of the chain that led to the demise of the deceased.”

Besides Mvula, the others found with a case to answer are Paul Chipole, Ikram Malata, Richard Kalawire, Innocent Wanda, Steve Mashonga, Maxwell Mbidzi, Abel Maseya, Wallen Joshua Chavinda and Chifundo Chiwambo.

Mvula and Chipole, who were answering a charge of negligent of duty to act, have also been found with a case to answer on the charge of causing bodily harm. The two are said to have failed to ensure that the suspect was not subjected to harm while in police custody.

Kachale ordered that those found with a case to answer be entitled to conduct their defence in a manner dependent on consultation with their defense lawyers.

The case has been adjourned to October 19 2022 when the accused will enter defense.

Reacting to the verdict, senior assistant chief State advocate Dzikondianthu Malunda said the State welcomed the ruling.

He said: “The court gave a comprehensive ruling and analysis. We agree with the analysis by the court.”

Legal Aid Bureau director Masauko Chamkakala, who is one of the defence lawyers for Kalawire, said the bureau will have to meet the clients to map the way forward.

Lule was arrested for his alleged involvement in the abduction of a boy with albinism in Dedza District, but he died under mysterious circumstances in police custody in February 2019.

Police investigations into his death led to the arrest of the 13 police officers, who pleaded not guilty to charges levelled against them.