High Court Judge Redson Kapindu has ruled in favor of Aubrey Sumbuleta, former Malawi Broadcasting Corporation (MBC) Director General who applied to have his case transferred to Blantyre where he was arrested.
Sumbuleta who pleaded not guilty to the 7 counts of indecent assault, sexual harassment and abuse of office applied to have his case transferred to Blantyre where he is residing.
In his arguments, David Kanyenda lawyer representing Sumbuleta told the court that Sumbuleta was arrested in Blantyre therefore it will be fair that he is also tried in Blantyre.
He further argued that 71% of the counts allegedly took place in Blantyre and there is no satisfying reason that the accused be tried in Lilongwe.
Kanyeda said the case should be transferred to Blantyre saying Sumbuleta is based there and his coming to Lilongwe is inconveniencing as he has to spend on Transport and accommodation.
But Dr Steve Kayuni Director of Public Prosecution objected to the Application saying the State has 10 witnesses on which majority on the 10 resides in Lilongwe.
But delivering his ruling, Judge Kapindu ruled in favour of Sumbuleta saying he found no justification by the State to bring the case in Lilongwe when Sumbuleta was arrested in Limbe, Blantyre.
According to Kapindu the Judge President will assign another judge that will proceed with the case’s directions and trial to avoid the Court also getting into expenses challenge.
