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Ex-MEC commissioner Kunje convicted, bail revoked

 Chief resident magistrate Austin Banda sitting in Zomba yesterday convicted and revoked bails from the former Malawi Electoral Commission (MEC) commissioner Linda Kunje and her driver Jones Tewesa after finding them guilty on the offence of Criminal Negligence against Section 246 of the Penal Code.

The two committed the offence on December 10 2020 when President Lazarus Chakwera was travelling from Sanjika Palace in Blantyre to University of Malawi (Unima) Chancellor College’s Great Hall in Zomba to preside over a graduation ceremony as well as to be sworn-in as the Unima’s Chancellor.

Banda stated in the ruling that the evidences that seven witnesses the State paraded in court since the

 commencement of case hearing last year which included Malawi Police Service (MPS) traffic officers proved without doubt that Kunje and Tewesa committed the offence.

Kunje walks to police vehicle waiting to take her to prison yesterdaybusinessperson

He stated that on the fateful day, Kunje’s vehicle was travelling from Mangochi going to Bvumbwe in Thyolo through Zomba for a meeting but despite being stopped by traffic police officers to pave way for the presidential convoy, they defied the orders.

Reading through the statement, Banda said in his testimonies Tewesa acknowledged that he is familiar with road traffic rules and regulations especially when the presidential convoy is passing that all other vehicles are supposed to stop but he broke the rules after his boss told him not to stop.

The CRM read that at two points, 3 Miles and Makoka, along the Zomba-Blantyre M3 Road, Tewesa testified that he stopped under traffic police orders but at all these sites Kunje threatened him to drive on or move out of the vehicle that she drives it on her own.

“Tewesa told the court that he obeyed his boss to keep on driving in fear of being fired from his work. However, the court finds this reason unjustifiable as he was supposed to follow the law and not the influence of his boss, hence, he is found guilty,” said Banda.

Banda further said the court found Kunje guilty on the grounds that she forced her driver to drive against the law whilst she knew that the State President was passing through the same road going in the opposite direction.

“Therefore, the court has convicted the two and their bails are revoked pending sentencing,” he said.

In reaction, senior State advocate Limbikani Msiska expressed satisfaction with the ruling whereas Kunje’s lawyer Christopher Masanje said there are mixed reactions in the ruling.

“The defence acknowledges the ruling and the next move will be seen at the end of the sentencing,” he said.

The court has set Tuesday, August 23 2022 as the day for the State and the defence to submit sentencing submissions

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