Mitati’s murder case
Harris Mitati was on Frirday found guilty of killing George Valani in the wee hours of August 30, in 2006. He will be sentenced within 21 days.
In his judgment at the High Court sitting in Thyolo, Judge Maclean Kamwambe, said he did not try the matter as he handled the case after Justice Ken Manda was transferred to Lilongwe.
However, the court heard that the deceased, a Mr Valani—a head teacher at Mikombe Primary School in Luchenza—was found dead 300 metres from his house on the roadside, along the Limbe-Muloza Road.
Initially, it was concluded that the deceased was a victim of road accident. The clinical results also suggested [the injuries he sustained] were consistent with road accident. However, a State witness John Michael told the court that the accused had told him he had assaulted Valani.
Kamwambe based the judgment on the testimony of Michael, who told the court that he heard Mitati and his co-ccused, Jones Jimu, who later died, that they had assaulted a person as they were coming to his house to sell a goat at 3am.
Mitati’s lawyer, Sigere Chirwa of Legal Aid Bureau—who was meeting the accused for the first time—said there were a number of gaps in the ruling, saying that she needs to find out more about the case from the accused.
I find fault in this judgement. How can a person be found guilty based on what someone allegedly heard when the experts (medical examiners) clearly say the guy died form injuries consistent with a road accident. Its obvious the judge is afraid to acquit an innocent man they left abandoned for more than 12 years in prison in fear of reprisals.