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| Justice Mponda |
The journalist, Justice Mponda, was arrested last Friday evening
for allegedly extorting money from a governing Peoples Party (PP) official,
Joseph Chikwemba, which is contrary to Section 305 of the Penal Code.
Blantyre Police had earlier charged him with an offence of
‘Intimidating Royal Family’ and ‘Extortion’ but the former charge was dropped
for some unexplained reasons.
The case charge-sheet says the journalist reportedly intimidated
Chikwemba to pay him K500 000 failing which he would publish stories linking
him and his political associates to the massive theft of public funds popularly
known as cash gate scandal.
This is the second time for the 26-year-old journalist to be
arrested within 12 months. He has since pleaded not guilty to the offence.
Appearing before the presiding Blantyre Senior Resident
Magistrate, Viva Nyimba, Mponda, through his lawyer, Chancy Gondwe, applied for
bail after State counsel, Jailos Chafunsa asked for adjournment of the case,
saying they were not ready to commence prosecution trial.
The lawyer asked the presiding Magistrate to consider bail based
on Section 42 (2e) of the Constitution as read together with Section 118 of
Criminal Procedure and Evidence Code, which gives a right to any person
arrested to be released from detention with or without bail unless interest of
justice requires otherwise.
The state did not refuse the request but asked the court to
provide strict conditions to ensure that the suspect is always available for
trial.
But before granting bail, Nyimba grilled the law-enforcers why
they contravened the 48-hour condition that demands release on bail of suspects
to which the state conceded having breached.
According to set bail conditions, the court asked Mponda to pay a
cash bail bond of K10, 000 and provide two sureties bonded at K10, 000 each. He
paid the cash.
Further, the court has asked Mponda to be reporting at the State Advocate
Chamber on Wednesdays of every fortnight.
The case has been adjourned to November 25, 2013 when trial is
expected to commence with the state indicating that it would parade three
witnesses to testify against the suspect.
