Africa-Press – Malawi. Civil Society Organisations (CSO’s) in the Eastern Region says they are against the prosecution of Malawian nationals referenced in the UK’s indictment of Zunneth Sattar.
In a press statement Sammy Aaron chairperson of CSO’s in the Eastern Region says while they stand against corruption, and support the pursuit of accountability, they believe any decision to persecute must be grounded in credible, admissible evidence gathered in accordance to the laws of this country and established international protocols rather than driven by foreign indictment or public pressure.
The statement has also indicated that it is under Section 42 of the Constitution that every person accused of a crime is entitled to presumption of innocence until a competent court delivers a guilty verdict.
“This fundamental right includes fair trial guarantees, legal representation, and protection from arbitrary or politically motivated prosecution,” reads part of the statement.
The statement also said that none of public officers named in the UK indictment are themselves charged in that jurisdiction as their names appear solely in relation to Sattar’s trial and UK’s prosecutorial practice does not require these individuals to be summoned as state witnesses rather their involvement only exist on paper.
“We are especially troubled by efforts to reinitiate charges against person who have already been discharged lawfully under the Corrupt Practices Act after fulfilling restitution obligations and cooperating fully with investigators,” Aaron said.
The statement further said any attempt to pursue any allegations is against the constitution law, likewise those standing trial in Malawian courts must not be subject to renewed public calls for prosecution as such pressure risks tainting the judicial process, prejudicing their right to a fair hearing and encouraging arbitrary decision making.
Additionally the statement said for a foreign obtained evidence to be admitted in the courts of Malawi, it must meet strict Malawian evidentiary standards, proper authentication, opportunity for cross examination and full compliance with Criminal Procedure and Evidence Code.
The CSO’s are therefore appealing political parties, media, civil society and all stakeholders to refrain from inflammatory demands that weaken due process.
They are also calling the Anti-Corruption Bureau (ACB) to discharge its responsibilities with utmost professionalism and strict adherence to constitutional norms.
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