By nyasatimes
Africa-Press – Malawi. Two senior legal practitioners have issued a sharp warning to the Malawi Police Service, arguing that the highly publicised decision to parade murder suspects at the crime scene in the killing of Kamuzu University of Health Sciences lecturer and Queen Elizabeth Central Hospital doctor, Dr Victoria Bobe, risks fatally weakening the prosecution’s case.
The caution follows a police exercise on Wednesday in Chigumula, Blantyre, where six suspects were taken to the deceased’s house and allegedly narrated how the murder was committed, in full public view.
While police presented the move as part of ongoing investigations, lawyers Sylvester Ayuba James and Khumbo Soko say the exercise crossed a dangerous legal line — turning a serious criminal investigation into a public spectacle that could collapse in court.
“Theatrics, not investigation”
In a strongly worded intervention, James described the exercise as “theatrics,” arguing that it undermines the constitutional presumption of innocence and risks subjecting suspects to trial by public opinion.
“Investigations are meant to meet legal standards, not public expectations,” James warned, stressing that criminal justice must be conducted with restraint, especially in emotionally charged cases.
He said questioning police conduct does not amount to sympathising with suspects, noting that Dr Bobe’s murder is a tragic loss that demands justice — but justice obtained lawfully.
Legal experts note that public crime-scene narrations can easily be construed as forced or implied confessions, particularly where suspects are in custody, unrepresented, and surrounded by law enforcement officers and media.
“Playing to the gallery”
Soko echoed the criticism, cautioning that police risk handing defence lawyers ammunition that could derail the case before it even reaches full trial.
“Courts are guided by evidence and procedure, not public emotion,” Soko said. “Police work must be quiet, professional and precise. Anything else opens loopholes.”
He warned that statements or demonstrations made in public can be challenged on multiple grounds, including violation of the right against self-incrimination, lack of legal representation, coercion or undue influence, and contamination of evidence through media exposure.
Legal risk for a serious case
While crime-scene reconstructions are not illegal per se, legal analysts say they are typically conducted discreetly, with strict safeguards to preserve admissibility of evidence. Turning them into public events blurs the line between investigation and performance.
“The danger is that police may win public applause today but lose the case tomorrow,” said a senior legal observer who requested anonymity.
With investigations still ongoing and two additional suspects yet to be apprehended, the controversy raises fresh questions about whether the pursuit of visibility is being prioritised over prosecutorial solidity.
Justice on a knife-edge
Dr Bobe’s murder has shocked the nation, igniting public outrage and demands for swift justice. But legal experts caution that justice rushed or mishandled can become justice denied.
As the six suspects remain in custody, pressure is mounting on the Malawi Police Service to demonstrate that its investigative methods will withstand judicial scrutiny — not just public sentiment.
Failure to do so, lawyers warn, would amount to a second injustice: not only to the suspects’ rights, but to the memory of Dr Victoria Bobe herself.
Source: Malawi Nyasa Times
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