The African Court on Human and People’s Rights (AfCHPR) has dismissed a claim by murder convict Misozi Chanthunya that his right to a fair trial was violated before his life imprisonment sentence.
In 2020, the High Court of Malawi convicted Chanthunya for the murder of his former girlfriend, Linda Gasa, a Zimbabwean whose body was discovered entombed under a bathroom at his cottage in Mangochi in 2010.
Making his submission to the Tanzania-based AfCHPR, he argued that his right to a fair trial, as outlined under Article 7(1) of the African Charter on Human and People’s Rights was breached.
But delivering its verdict yesterday, a 10-judge panel ruled that the trial was conducted fairly, according to Ministry of Justice lawyer Neverson Chisiza, who represented the State during the judgement in Arusha.
“Chanthunya’s application has been dismissed. The court has found that the respondent State, Malawi, did not violate his right to a fair trial,” he said in a WhatsApp response.
In his application, Chanthunya further asked the court that if his application succeeded, it should order his release from prison and be compensated based on the court’s assessment.
Following the crime in 2010, Chanthunya fled the country and was apprehended in South Africa two years later.
He was sentenced to life imprisonment for murder, two years for hindering the burial of a dead body and two years for perjury.
His appeal did not succeed as the Malawi Supreme Court of Appeal upheld both the conviction and sentence.
However, Chanthunya told the AfCHPR that the evidence presented was flawed.
But the AfCHRR ruled: “The applicant contends that his conviction and sentence by the High Court and upheld by the Supreme Court of Appeal were not based on strong and credible evidence…
“…and he was not given adequate opportunity to challenge the evidence as the prosecution failed and/or neglected to bring key and material witnesses as required by the principle of a fair trial.”
When contacted for a reaction to the judgement, Chanthunya’s lawyer, Michael Goba Chipeta, stated that he could not comment on the next steps until the full judgement was received.
Ministry of Justice spokesperson Frank Namangale said the Malawi Government never violated Chanthunya’s rights to a fair trial.
