Court defers bail hearing for Chimwendo Banda to next week

By Michael Martin//MALAWI

The High Court has postponed to next Wednesday the hearing of a bail application filed by Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda.

Presiding Judge Mzondi Mvula adjourned the matter after the State objected to the application, arguing that it required more time to prepare a response.

Chimwendo Banda is seeking bail pending trial but the State represented by Senior State Advocate Luckia Japhali, maintained that the application was not urgent.

Japhali told the court that the prosecution needed at least two weeks to adequately respond to the bail request, insisting that there were no exceptional circumstances warranting immediate consideration.

However, lawyer for ChimwendoBanda, Jivason Kazipatike, strongly disagreed, urging the court to treat the matter as urgent.

Kazipatike argued that his client is currently traumatised and remains under police guard while receiving medical treatment in hospital, a situation he said justified swift judicial intervention.

In his ruling, Judge Mvula directed the State to submit its written response to the bail application by Monday, December 22.

The judge subsequently scheduled the bail hearing for Wednesday, December 24, at 10:00am, ordering that Chimwendo Banda remain hospitalised under police guard until the court makes its determination