Court rejects in-camera hearing for Sumbuleta
The High Court of Malawi has rejected an application by the State to have the sexual harassment case against former Malawi Broadcasting Corporation director general Aubrey Sumbuleta heard in camera.
Delivering his ruling, High Court Judge Redson Kapindu said the allegations against the accused are serious and stirred public interest.
The judge, thus, said he did not find reasons to warrant the matter not to be open to the public.
He said: “While rejecting the application to have the matter heard in camera, there is need to have protective measures for the complainant witnesses.”
Going forward, Kapindu said the State should come up with pseudonyms that will be used in the matter to protect the complainants.
He said any information that identifies the complainants should also be removed from court records. Such information, he said, includes names and addresses and ordered that the details should also be kept by the court.
The judge said there will be no photographing or recording except for the recording of the court.
“To ensure that the complainants attend court, when the complainants come to testify, there will be a screen or partition placed so that the complainant witnesses are not visible to people in the court,” said Kapindu.
He said the witnesses will be allowed to be accompanied by relations or friends to provide support and the court will also create room outside the courtroom to ensure that complainants follow the proceedings virtually.
In its application, the State indicated that it was necessary to hear the proceedings in camera to avoid inflicting more trauma to the complainants.
Director of Public Prosecutions Steve Kayuni asked for more time to make changes to the charge sheet so that identities and any information that gives a clue about complainants is removed from the record.
In response, defence lawyer David Kanyenda agreed with the State to have plea taking held at another date to give room to the State to work on the charge sheet.
He said he also needed time to go through the ruling.
The court adjourned the matter to October 25 for plea taking and directions on the case.
Sumbuleta was arrested on April 17 2021. He is accused of abuse of office and harassing female employees while working as MBC director general and also at Ministry of Information where he served as deputy director.
His arrest followed a Malawi Human Rights Commission investigation into alleged reports of sexual harassment.
Sumbuleta is answering three counts of indecent assault and three counts of abuse of office in relation to sexual harassment. He is currently on bail.
