Tadikira, 7 others set free

The High Court of Malawi has acquitted Tadikira Mafubza, son to former first lady Gertrude Mutharika, along with seven others in a case they were accused of manslaughter and trafficking in persons.

The charges were in connection with  the deaths of 30 unidentified people believed to be Ethiopian immigrants who were found in a mass grave in Mtangatanga Forest in Viphya Plantation, Mzimba District on October 18 2022.

Presiding Judge Gladys Gondwe said the State failed to provide “sufficient evidence” to link the accused to the deaths.

She said: “There is no prima facie evidence to warrant full prosecution. All eight suspects are acquitted from all counts. All detained motor vehicles must be returned to their owners. I will give details of the ruling in seven days.”

Mafubza’s lawyer Gilbert Khonyongwa, who spoke on behalf of the accused, said they were happy with the outcome. He said the judgement did not come as a surprise because the State’s evidence was lacking.

He said: “From the outset, it was very clear that the accused will be found with no case to answer. The evidence was not enough and we were very sure that the case would not go beyond this stage.

“The law places a huge burden to prove the case beyond reasonable doubt. What the witnesses presented was not enough, especially for my client, Tadikira Mafubza. If you may recall, out of the 12 witnesses, I only cross-examined two. This is a vindication that he was not involved.”

On his part, Directorate of Public Prosecutions director of criminal litigation Dzikondianthu Malunda expressed surprise with the ruling, particularly that all accused persons were acquitted.

He said: “Justice is what it is. As you heard, the judge took her time, analysed the evidence and came to those conclusions.

During the last hearing on January 31 2024, the judge said the court would within 94 days deliver its judgement in the case which has been heard in Mzuzu and classified as The State versus Samuel Navaya and seven others.

Tadikira was arrested on November 23 2022 in connection with the mass grave and had been on bail for most of the trial.