Malawi drops case against Paladin managers
The Director of Public Prosecutions (DPP) Bruno Kalemba has discontinued a case against three Paladin Energy senior managers at Kayelekera Uranium Mine in Karonga who were accused of assaulting a driver working for the mining company.
According to the certificate of discontinuance of criminal case number 50 of 2013 filed at the High Court, Lilongwe District Registry, Kalemba says he has discontinued the case because of anomalies in its handling.
The three Paladin staff implicated in the case include general manager (operations) John Chandler, security manager Peter Duffield and senior operations officer Ronald Kapira who Kalemba says were duly charged on June 29 2012 in the Karonga First Grade Magistrate’s Court in criminal case number 97 of 2012 with the offence of assault occasioning actual bodily harm contrary to Section 254 of the Penal Code.
“The allegation against them was that on 16th April 2013 at Kayelekera Mine, they had unlawfully assaulted Kenneth Kamadya, a driver at Paladin occasioning actual bodily harm.
“For reasons that are yet to be communicated to me, the complainant withdrew the criminal matter [from] Karonga First Grade Magistrate Court and the accused were duly discharged on the 10th August 2012,” reads Kalemba’s submission to the Legal Affairs Committee of Parliament.
The DPP, however, says he was surprised to learn that the complainant later recommenced criminal proceedings on the same charges in another court without his consent.
“It has now come to my attention that the matter was recommenced at Mzuzu Chief Resident Magistrate Court…without my consent or knowledge.
“This is an anomaly because the consent I had earlier granted was specific to proceedings in criminal case number 97 of 2012 at the First Grade Magistrate Court at Karonga.
“In light of the foregoing therefore, I entered discontinuance in criminal case number 50 at Mzuzu Resident Magistrate Court pending my review of the matter…” reads Kalemba’s submission.
Legal Affairs Committee of Parliament chairperson Kezzie Msukwa said they have asked Kalemba to furnish the committee with more details on the discontinuance of the case.
Msukwa said they want more information on the discontinuance of the cases to appreciate the extent of weaknesses in the two cases.
“The Director of Public Prosecution has powers to operate independently. I think he has brought the issues to our attention in order to make the system more transparent,” said Msukwa.
