Court rules in favour of Sumbuleta in sexual harassment case

The High Court has granted former Director General of Malawi Broadcasting Corporation (MBC) Aubrey Sumbuleta his wish that his trial for the offences of abuse of office, indecent assault and sexual harassment be tried by a jury.

Justice Ruth Chinangwa observed that Section 294(1) of the Criminal Procedure and Evidence Code are clear that all trials in the High Court must be by jury.

She however said this is subject to the relevant exceptions gazetted by the Minister under Section 294(2) of Criminal Procedure and Evidence Code.

Justice Chinangwa said it is interesting to note that serious crimes such as murder, offences of money laundering, proceeds of serious crimes 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 the jury should be revised once again. It is this court’s view that is serious offences are triable without a jury then all the offences which are triable in the magistrates court but at the discretion of the Director of Public Prosecutions are triable in the High Court the said trial should be tried without a jury,” reads part of Judge Chinagwa’s determination made on 22 June, 2023.

She therefore ruled that Sumbuleta’s matter heard by a jury.

Source:MBC