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Malawi decisions
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The High Court of Malawi entered a discontinuance after a DPP certificate, discharging four accused persons and addressing the effect on bail and future charges.
The High Court of Malawi entered a discontinuance on the DPP’s certificate, discharged six accused persons, and ordered that any bail recognizances be discharged.
Uladi and 4 Others v R (Homicide Bail 157 of 2023) [2024] MWHC 43 (29 July 2024)
The applicants' continued detention beyond the 90-day pre-trial custody time limit for murder without court extension was unlawful; however, release should be on bail with conditions to ensure attendance at trial, as permitted by Section 161I of the Criminal Procedure and Evidence Code.
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Bilderburg v S (Criminal Case 1143 of 2023) [2023] MWHC 44 (15 December 2023)
The court denied William Bilderburg’s fourth bail application, holding that deletion of an INTERPOL red notice did not change the earlier flight-risk assessment.
Eliot v R (Miscellaneous Criminal Case 61 of 2023) [2023] MWHC 120 (4 October 2023)
The High Court of Malawi granted bail pending trial, finding the State had not proved flight risk or danger to the applicant if released.
R v Chilima (Criminal Case 10 of 2023) [2023] MWHC 40 (1 August 2023)
The High Court of Malawi partly varied bail conditions for Vice President Saulos Chilima, removing reporting and passport deposit requirements as unnecessary and replacing them with less restrictive measures.
Finiyasi v S (Bail Application 157 of 2020) [2023] MWHC 123 (15 June 2023)
The applicant's continued remand is unlawful due to the State's failure to prosecute within the statutory period, and while there is a risk to the community due to his history of cannabis-induced violence, this risk can be mitigated by strict bail conditions and a mental health plan. The interests of justice require his release on bail with safeguards for public safety and his treatment.
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Nayaya v R (Miscellaneous Criminal Application 16 of 2023) [2023] MWHCCrim 22 (29 March 2023)
The High Court of Malawi denied bail to a murder and trafficking suspect, holding that despite breached custody limits, the interests of justice favored detention.
Yakiti and 3 Others v R (Criminal Appeal Case 22 of 2022) [2023] MWHC 122 (21 February 2023)
High Court of Malawi dismissed a criminal appeal against refusal of bail and refusal to stay proceedings for constitutional referral.
Yakiti and 3 Others v R (Criminal Appeal 22 of 2022) [2023] MWHC 127 (21 February 2023)
The appeal was dismissed because the lower court did not err in denying bail, as interference with witnesses and seriousness of the charge were valid considerations, and the appellants failed to provide sufficient information to support bail. The lower court also correctly found it lacked jurisdiction to stay proceedings and refer the matter for constitutional certification, as magistrate’s courts do not possess inherent jurisdiction for such referrals.
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