James’ amputated dreams scar police

The police might have arrested one of their own following a minor’s predicament that saw his right hand and two left fingers amputated.

But calls for justice for such brutality echo mouths of rights campaigners.

James Mbendera, 13, dreamt of becoming a football referee.

This was curtailed on January 30 when a dream of becoming a lawyer emerged.

It was inspired by his painful experience of a perceived injustice he suffered.

James was tied with elastic rubber (mphira) and taken to Misanjo Police Unit in Mulanje District where he was kept in custody together with adults.

He was allegedly left tied for four days, developing sepsis in his right hand and two left hand fingers, prompting an amputation.

Lying in a hospital bed at Mercy James Centre for Pediatric Surgery and Intensive Care, the boy, in the presence of his mother and aunt, explained in an interview with Nation on Sunday that he met his fate at a farm of a certain businessperson (name withheld) where he went after school to tend goats.

It was around 11 am on January 30. 

James, who is in Standard Four at Dzenje Primary School, has worked at the farm for three years, earning K1 000 per month.

Upon arrival at his work station, James claims he took some money he found on a chair, K13 000.

As he tried to sneak out, someone saw him and the matter was reported to the businessperson, who caught him assisted by a community policing officer.

The boy claims he surrendered the money to the owner. 

“I was in a school uniform and I had books with me. They arrested me and took me to Misanjo Police Unit. My mother was not aware,” he says.

On the second day in cell, James said one suspect helped him escape.

He said there were four suspects of whom three allegedly beat and urinated on him, prompting the other to aid his escape. 

However, he could not trace his home and needed K4 000 to pay a kabaza. Since he had no money,  he walked and bumped into his ‘boss’ who did not immediately recaptured him.

“When I saw him, I tried to run, but I was weak and he caught me. Had I known, I would not have accepted to leave the police cell. Anandimanga nyakula with elastic rubber and poured some liquid on my arms, I felt pain,” he says

James was taken back into custody, this time his hands were tied for four days.

“I was calling for my mother to rescue me, but my cries landed on deaf ears. I wondered why she decided not to visit me,” he says.

Where was the mother?

James is a third born in a family of four. He lives with his mother Chrissie Lawrence following her separation from his father. She works for the same businessperson and earns K6 500 per month.

The mother said James’ friends told her around 2 pm that he had been arrested and taken to police. She went to the police unit around 4 pm.

Since then, she had been visiting the unit with food, but was stopped from seeing her son.

Lawrence said every time she went to the police unit, a police officer would send her back.

“A police officer received the food I brought for James, saying he would give it to him. I did not argue,” she said.

The 36-year-old mother was emotional and broke down during the interview.

Rhoda Justin, James’s aunt, chipped in.

She said they heard James shouting for help at the police unit on the fourth day.

“He was saying ‘abwana masuleni’. We insisted on seeing him, but we were blocked. The police officer said James will be transferred to Mulanje together with other suspects. We waited till around 4 pm when we saw a police vehicle from the boma coming to take suspects,” she said.

Justin said she was surprised that James was not among the suspects taken to the boma.

“We asked again and we were told that James would be taken at night and we had to wait. Later, the officer called us and said he would release James, but we should take him home. He warned us not to use the main road.

“We were surprised to see James with wounds on his arms, which he was failing to stretch. We were in tears to see him,” she said.

James was taken to Dzenje Health Centre where he was referred him to Mulanje District Hospital.

He was treated and sent to Queen Elizabeth Central Hospital where doctors recommended the amputation.

James’ dream

James, who in the first term at school took third position in his class, says he wants to return to school and become a lawyer.

“Those responsible for my predicament have to pay, but because we live in the village and we are poor, this justice will be denied; hence, I want to become a lawyer to take them to court,” he said.

However, James is not sure how he will survive in school.

“I use my right hand for writing and today they removed it. My left hand has only three fingers. How will I write again?” he breaks down on his bed.

What does the law say?

The Child Care, Protection and Justice Act empowers a police officer or any person effecting the arrest of a child to ensure they inform him or her of their rights and the reasons in a manner appropriate to the age and understanding of the child.

It further says the police should ensure there is no harassment or physical abuse of the child and provides him or her with necessary medical attention.

“There is no use for handcuffs, except if the child is handcuffed to the arresting police officer. The child is not mixed with adults and should be provided with nutritious food.

“They should ensure the child is accompanied by a parent, guardian or appropriate adult as far as it is practicable to do so. Also, they should be informed immediately after the arrest if were not present at the time of the arrest,” reads the act in part.

The South East Region police public relations officer Edward Kabango said the matter is still under investigation.

He said the police arrested Frankson Stanly in connection with the alleged abuse.

He will be answering a case relating to negligence of duty.

On Friday, the suspect appeared before Mulanje Magistrate Court where he denied the charge. He was denied bail.