Tuesday, October 13, 2015

I had the opportunity to travel with Moses Chione from the Paralegal Advisory Service Institute and Charles Msukwa of Amazing Grace Christian Ministry to the Mkukula Magistrate Court so that we could pay $20 fines for two women who otherwise must serve 6 months in prison.  The court was located about 45 minutes north of Lilongwe.  The court consisted of a brick building that comprised the clerk's office and Magistrate's chambers.  The actual court was outdoors.  Court was not in session so we went to the clerk's office.  There were six court employee's located in the clerk's office.  They were very friendly and happy to see us.  They hand wrote and stamped the orders necessary for the two women to be released. 

We were informed that the Magistrate was presiding over initial hearings at the Police Station.  This meant we needed to travel there to obtain the Magistrate's signature on the release orders.  As Court was in session, Moses went into the courtroom to see the Magistrate.  As Charles and I were waiting outside the Court, a woman dressed in a uniform walked over to me and asked why I was there.  I explained that I was a lawyer in the United States working with Moses to learn more about Malawi's court system.  She told me that she was a prosecutor and invited us to go into the Court with her.  She was very quick to explain that since they were handling the initial hearings at the police station, it was a make shift court room using plastic chairs and folding tables.  The courtroom was laid out very similar to the courtrooms here.  The only main difference was that the witness stand was off to the side of the prosecutor's table instead of in the front of the courtroom.  The hearing also proceeded similar to court proceedings here.  

Upon returning to Lilongwe we met with Lawyer Wesley Namasala to discuss working with our team by representing prisoners we are working with at bail application hearings or trials.  Wesley expressed a passion for the plight of the men and women in Malawi's prisons.  He also presented himself as a very capable lawyer.  

Monday, October 12, 2015

I had the opportunity to meet with Charles Msukwa of Amazing Grace Christian Ministry, Moses Chione of the Paralegal Advisory Service and others at Amazing Grace's office.  The purpose of the meeting was to discuss how the three of us could work together to strengthen Amazing Grace's ministry by providing legal services to the men and women in Malawi's prisons.  This meeting was very informative and productive. 

First, I learned that there were men and women in prison who have been convicted of smaller crimes (they would be considered misdemeanors here) and ordered to pay a fine.  As these men and women were unable to pay the fine, they are being required to serve anywhere from one month to 2.5 years in prison.  However, once the fines are paid, these men and women will be immediately released.  I assumed that the fines would be high.  To my surprise, many of the fines were between $20 to 50. 

Second, I discovered that there are a number of men and women who have been charged with murder that have been in prison for years without having been given the opportunity to post bail. Murders in Malawi generally do not involve intent or malice aforethought.  Many of the cases involve physical altercations over property, or in defense of one's family.  All murder cases are heard by the High Court.  And, a murder defendant must be represented by counsel.  It takes 7 to 10 years for a murder case to go to trial.  As there are limited resources available for representation of murder defendants, bond applications are generally not timely filed.  As a result, murder defendants who are simply accused of the crime and may not be guilty, must remain in prison for years without being given the opportunity to post bail and return home to care for their family.