The Lilongwe Principal Resident Magistrate’s Court yesterday released on bail actor Tumpe Mtaya, famously known as Phwedo, after spending three nights in police custody.
Phwedo was arrested on Tuesday in Lilongwe for allegedly having sexual relations with a 15-year-old girl.
He has since been charged with having sexual intercourse with a female child and child abduction.
After the charges were read out, State prosecutor Saddrey Sambo submitted an application to the court to allow the accused to remain in detention for five days to allow ongoing investigations.
“The accused is a popular figure and we believe that because of his influence, he could potentially interfere with State witnesses,” he said.
But the defence requested that the accused should be released on bail. One of the lawyers, Robert Kadzakumanja argued that the State did not give adequate reasons for keeping the accused in detention.
“Ongoing investigations can be done while the accused is out of custody. The State has fallen short of its statements to continue keeping him in custody,” he said.
Delivering his ruling, principal resident magistrate Benjamin Chulu said the State did not give enough proof of how the accused, despite being a popular figure, would interfere with State witnesses if granted bail.
He also said the State failed to show what investigations they would carry out in the five days of continued detention that could not be done while the accused is on bail.
In turn, Chulu granted Mtaya bail on condition that he deposits a K200 000 bond, produces two surities each bonded at K2 million, surrenders his travel documents to the court, and reports to Central West Police fortnightly.
Mtaya has also been ordered to avoid interfering with State witnesses and to cooperate during investigation.
Before the charges were read out to him in court on Thursday, defence lawyers objected to the accused taking plea, arguing that the State did not provide them with a charge sheet, and that they were unaware of the charges against the accused.
Hearing of the case will resume on May 8 2025.
