Chief Justice Rizine Mzikamanda says plea bargaining can help to decongest the country’s prisons as accused persons get shorter sentences from the courts.
The head of the Judiciary said this on Wednesday at Zomba Central Prison where he presided over plea bargaining sessions jointly organised by the Judiciary, Pepperdine University and other stakeholders.
Mzikamanda challenged the citizenry to embrace the initiative, saying the bargain does not only involve the State and the defendants’ counsels, but starts with the consent of the offended parties.
“The system is reliable,” he said.
During one of the sessions, the High Court of Malawi sitting at Zomba Central Prison camp court heard that Dingani Zakutchire was on remand awaiting the start of a murder case he committed on June 1 2022.
In his submission, Directorate of Public Prosecutions’ (DPP) principal State advocate Rodney Mkweza told the court that on the fateful day, the accused came back home drunk, which angered his grandmother who started insulting him.
He said this did not please Zakutchire who hit the grandmother. He said the old woman fell to the ground.
“The grandmother was immediately taken to hospital where medical personnel declared that she had died due to injuries,” said Mkweza.
In defence, Malawi Legal Aid Bureau senior legal aid advocate Faith Sumani moved a plea bargaining motion, saying the bureau already consulted the deceased’s relatives.
“The relatives consented to the plea bargain,” she said.
On his part, Mkweza confirmed that he agreed with the defendants to enter a plea bargain, saying consideration was given to the evidence on file.
Passing sentence, High Court Judge Dick Sankhulani convicted Zakutchire and sentenced him to a seven-year imprisonment.
“The sentence should be counted from the day of arrest in 2022,” he said.
