High Court Judge Ruth Chinangwa has called for a review of the law on trial with or without a jury.
The call is contained in her ruling of an application in which former Malawi Broadcasting Corporation (MBC) director general Aubrey Sumbuleta who is answering sexual harassment and abuse of office charges, wanted his case to be heard by a jury.
The court granted his wish.
According to Legal Information Institute (LII), jury trials are trials that allow juries to make findings of fact and render a verdict for the trial. The judge decides questions of law, including whether particular items of evidence will be presented to the jury. The parties may, however, request a bench trial, where the judge decides issues of fact and law.
Sumbuleta was charged with the offences of abuse of office under section 95 (1) of the Penal Code; indecent assault contrary to section 137 (1) of the Penal Code and sexual harassment contrary to section 6 of the Gender Equality Act.
Through his lawyer David Kanyenda, Sumbuleta argued that the trial is supposed to be tried by jury and not by a judge sitting alone in terms of Section 294 (1) of the Criminal Procedure and Evidence Code.
The Section states that all trials in the High Court must be by jury subject to the relevant exceptions gazetted by the Minister under Section 294(2) of the Criminal Procedure and Evidence Code.
The Criminal Procedure (Trials Without Jury) provides the Schedule of cases or class of cases which shall be trial in the High Court without a jury. These cases are all offences under the Customs and Excise Act, all offences under the Exchange Control Act, all offences under the Taxation Act, all offences under Chapter XIX of the Penal Code and all offences under Chapter XXXIII of the Penal Code.”
The Criminal Procedure (Trials Without Jury) (Amendment) Order 2020, added all offences under Chapter XXVI of the Penal Code, all offences under Chapter XXXI of the Penal Code, all offences under Chapter XLII of the Penal Code, all offences under Chapter XLIII of the Penal Code and all offences under the Money Laundering, Proceeds of Serious Crime and terrorist financing act.
Further, all offence under the Financial Crimes Act. 12, all offences under the Corrupt Practices Act, all offences under the Acts administered by the Reserve Bank of Malawi, all offences under Financial services laws as defined under section 2 of the Financial Services Act, all offences defined as financial crimes under Section 2 of the Financial Services Act and all offences jointly charged with the offences exempted in the Schedule hercin were also added to the list
In her ruling, Justice Chinangwa noted that the offences of sexual harassment; abuse of office and indecent assault are not caught by the gazetted exceptions, thus, proceeding with trial without jury would be illegal as a matter of law and not procedure.
“It is interesting to note that serious crimes such as murder; offences under Money Laundering, Proceeds of Serious Crime and terrorist financing and the Financial Crimes Act have been left to a single Judge in the High Court to determine without the assistance of the jury.
“This court is of the view that the law on trial with or without a jury should be revisited once again. It is this courts view that if serious offences are triable without a jury then all offences which are triable in the magistrates court but at the discretion of the Director of Public Prosecution are triable in the High Court, the said trial should be tried without a jury,” reads part of the ruling
Picture source: Internet
