Chief Justice Rizine Mzikamanda has rolled out plea bargaining procedures, allowing accused persons to save courts time and resources in return for lesser penalties. Our Staff Writer JAMES CHAVULA reports:
Kalilitu Jimu spent 15 years and five months in prison without trial, a tolling neck bell that mostly torment murder suspects in Malawi’s overcrowded prisons.
The court allowed him to walk free at last after pleading guilty in a negotiated ending to a long, shattering wait for justice.
Jimu shed tears of joy as High Court Judge Ruth Chinangwa ruled that he had served his time for the crime committed in January 5 2011 at Marka in Nsanje.
To the 45-year-old, it was stunning how a murder case that had consumed a third of his lifetime was resolved in just a day.
“It’s like a dream. Don’t tell me it’s a lie,” he says, raring to return to the southern tip of the country.
Jimu bargained to be sentenced to 20 to 23 years imprisonment in return for admitting guilt.
However, the camp court cut the sentence to 19-years and ruled that he could walk free after spending over 15 years in custody.
Jimu was released from Zomba Prison on Saturday after Chinangwa ruled that he has effectively served the sentence.
This illustrates how plea-bargaining could speed up long-standing criminal matters choking the country’s courts and prisons.
On February 23 this year, Chief Justice Rizine Mzikamanda announced guidelines for camp courts to pioneer plea-bargaining at Lilongwe Prison.
Last month, he extended the new rules for the handling of plea bargaining to all competent courts beyond the country’s largest prison, also known as Maula.
The new directive, signed on June 15 this year, acknowledges the potential of negotiated pleas to enhance the disposal of criminal cases, reduce case backlogs and promote access to justice.
“There is need to extend the benefits of plea bargaining to criminal proceedings beyond prison camp courts and to a wider category of criminal offences,” it reads.
Jimu is among the early homicide suspects to reap the benefits of the structured process that allows accused persons to enter a written agreement with prosecution, even the victim, to plead guilty to a carefully selected offence for a lesser sentence.
This helps the court to resolve criminal matters without the drag caused by full trial, legal minds say, reducing piling cases and prison overcrowding while holding offenders to account.
Jimu’s protracted wait for a court verdict mirrors persistent delays that deface Malawi’s criminal justice system.
Centre for Human Rights Education, Advice and Assistance (Chreaa) lawyer Vitumbiko Phiri represented him during plea negotiations with the State Advocate Chambers at Zomba Prison.
On March 13, the accused voluntarily signed the deal, subject to judicial oversight and court approval.
Saving court’s time and resources allowed him to dodge life imprisonment in the process.
Chreaa executive director Victor Mhango says the case demonstrates that courts can promptly deliver justice while safeguarding the rights of accused persons, victims and the public.
He states: “This plea bargaining case represents a significant milestone in Malawi’s journey towards a more efficient, fair and accessible criminal justice system.
“By resolving appropriate cases without lengthy trials, plea bargaining has the potential to reduce court backlogs, prison congestion and allow the justice system to focus its resources on more complex matters.”
To have their cases concluded expeditiously, the accused persons do not just accept responsibility and pledge not to contest charges against them.
They sign a dotted line and tick the boxes to affirm that they understand that giving up their rights to full trial is part of the deal.
The waived freedoms include the right to be presumed innocent until proven guilty, the right to remain silent and the right not to incriminate oneself.
Jimu’s case shows an evolving strategy in action, delivering fair and efficient resolution of criminal matters.
Plea bargaining is poised to become a part of Malawi’s toolbox to fix the workload that choke courts and prisons.
The first offender, who once worked well-off Malawians’ crop fields in Nsanje, cannot wait to taste freedom.
“I will go to Blantyre and try to look for jobs to do,” reads his plea bargaining form.
