Days just after the Professional medical Council of Malawi (MCM) uncovered Pathologist, Dr Charles Dzamalala, guilty of clinical negligence over Kottana Chidyaonga’s postmortem report, a authorized expert says there is want for retrial of all situations in which Dzamalala’s postmortem studies were applied.
Dzamalala was located responsible just after he was billed with health-related negligence and unprofessional conduct over a postmortem in which he concluded that 23-12 months-previous Kottana Chidyaonga died of termic poison.
Reacting to the development by means of a Fb write-up, the lawful specialist Alexious Kamangila suggests it is incredibly necessary that cases which made use of Dzamalala’s postmortem studies and conviction was entered, be introduced again to the substantial court for retrial.
Kamangila in his article indicated that the revelation that Dr Dzamalala discharged his duties negligently and unprofessionally is a crystal clear indication that this did not happened in Chidyaonga’s situation, that’s why his request for retrial.
“All circumstances in which Dr. Dzamalala’s postmortem report was used and a conviction was entered, need to be introduced again to the substantial court docket for re-demo. This is the minimum that can come about.
“LAB, CHREAA, SALC, MHRC and the Judiciary do your occupation, this is the only productive treatment in these situation that can be inferred from part 46 as read through collectively with part 42 of the structure of Malawi,” mentioned Kamangila in a Fb article.
The legal expert continued to say that this really should inform folks that demise penalty should seriously be abolished professing mistakes in murder instances are so inescapable and that death sentences are so risky to stand.
He more explained Chidyaonga’s boyfriend Timothy Mtilosanje, Ekari Chaweza, Gilbert Kamaliza and Diana Bhagwanji who had been arrested around the loss of life of the girl and later on acquitted, could have been sent to the slaughter home, the dying row, just for the reason that of a clinical oversight.
He further stated that Chidyaonga’s situation has also uncovered that demise penalty is typically applied to people today with no funds, expressing if the 4 murder suspects had been lousy, they would have been remanded to Zomba prison by now awaiting execution.
“The level is, if those that had been accused of the Murder of Kottana, could have been regular Malawians, they would possibly be at Maula Jail proper now awaiting their demo to begin or they would be at Zomba Central Prison awaiting execution. Of course, it took their people to have shut to K800,000 to do a different autopsy which contradicted the medical professionals conclusions. Previously mentioned all, loss of life penalty should be abolished,” extra Kamangila.
In an interview, Lawful Aid Bureau Director Masautso Chamkakala, claimed the bureau simply cannot conclude irrespective of whether to have a retrial or not since his place of work is still to get an official report for the total difficulty.
“We are but to get the official report on this issue. After we do, we will have to take a look at it and make a decision no matter if or not to approach the court on this,” explained Chimkakala.
On worries facing the Bureau with professionals supporting defense case, Chimkakala informed Malawi24 that the Bureau does not have the funds and resources for these charges, expressing even all those in public sectors are additional inclined to help the prosecution than the defence with out pay.
Meanwhile, Dr. Dzamalala by means of his law firm, James Naphambo states he is dissatisfied with MCM’s choice on the autopsy report and is setting up to attractiveness the ruling.
Pathologist Dzamalala discovered guilty for concluding that Kottana died of poison