Fugitive Misozi Chanthunya will on Monday know whether he has a case to answer on charges of murdering Linda Gasa 10 years ago when court delivers its ruling in Zomba.
Chanthunya has been tussling with authorities claiming police violated constitutional provisions and statutes when carrying out investigations and commencement of the criminal proceedings against him.
Zomba High Court judge Ruth Chinangwa, initially threw out Chanthunya’s challenge on grounds that it did not expressly and substantively relate to or concern the interpretation or application of provisions of the Constitution, a decision which he is appealing at the Supreme Court of Appeal.
But on Monday, Justice Chinangwa, is expected to make a determination whether Chanthunya has a case to answer on the accusation that he murdered his Zimbawean girlfriend, Gasa, in which he pleaded not guilty.
According to the prosecution team submissions by Steven Kayuni, who is the chief State advocate and senior State advocate Pirirani Masanjala submitted on February 20 this year, evidence, so far, proves the essential element of the offence charged.
“We submit that this honourable court should rule that there is a case for the accused person to answer and the court should then proceed to require him to enter defence.
“It is a humble player of the State to the honourable court that it rules that Misozi Chanthunya has a case to answer and require him to offer an explanation on the death of Linda Gasa who was exhumed in his cottage house by requiring him to entre his defence,” reads the submission.
The State paraded 11 witnesses that included Jessie Kachale—Gasa’s sister in marriage—who claimed to have been told by the deceased that she was pregnant and that the suspect wanted her to terminate the pregnancy, being the motive for the murder.
The suspect’s lawyer Michael Goba Chipeta of Gobz & Rechtswissenschaft argues—in the final submissions submitted on February 17 this year that there was no direct evidence proving the offence of murder against the accused and that there was no circumstantial evidence proving the offence of murder against the accused. Chanthunya was arrested in South Africa by Interpol on January 12 2012 and was brought back into the country on March 27 2018.