By Milcah Mathias

Blantyre, January 9, Mana: Blantyre Central Senior Resident Magistrate, Euphrasia Nazombe Moyo, has reserved her ruling on the fresh bail application made by the accused's defense lawyers to January 10, 2025, regarding 38-year-old Linda Chitala and her 48-year-old husband, McPherson Chitala.

The couple is accused, among other charges, of neglecting to provide food and other basic necessities to Tamandani Chitala, a minor, in violation of Section 165 of the Penal Code. They are also charged under Section 242 of the Penal Code for failing to provide necessary care, including neglecting to take the child to the hospital after she was harmed.

The case has since been adjourned to January 28, 2025.

In an interview with Malawi News Agency on Thursday, Director of Criminal Litigation in the Office of the Director of Public Prosecutions (DPP), Josephine Kumitengo Gwaza, stated that the hearing failed to commence today because the accused persons appointed legal counsel to represent them, but the legal counsel requested more time to review the files.

"The first accused person had appointed lawyers from Legal Aid, and midway through the hearing, the second accused person also appointed his own lawyer, so we had issues before the actual hearing such that the counsel representing the accused persons asked for more time to go through the files.

"Besides, they also indicated that they wanted to apply for a fresh bail application, which was heard, and what we are waiting for now is the ruling on bail, which will be delivered tomorrow," added Gwaza.

Gwaza mentioned that the prosecution was ready to provide the first key witnesses today from a total of eight witnesses the state is planning to present in the case.

Humphrey Panyanja, Chief Legal Aid Advocate for the Legal Aid Bureau in Blantyre, indicated that the prosecution delayed in serving them with the disclosures, which are the evidence they intended to present.

"We also noted that right in court today, they introduced an amended charge sheet, so we informed them that having served us yesterday, we did not manage to meet our client, Linda Chitala, who is being held at Chichiri Prison, for a proper briefing," said Panyanja.

"So it would not be fair for us to commence trial because we need to prepare our case as well. On the issue of the initial charges, these are technical charges; we also wanted to prepare our defense," added Panyanja.

According to Gwaza, the state has amended the charge sheet for the two accused persons.

Linda Chitala is accused of three offenses, including acts intended to cause grievous harm under section 235(a) of the Penal Code, while McPherson Chitala is accused of two offenses.