The High Court has ordered that ex-Malawi Broadcasting Corporation – MBC director general Aubrey Sumbuleta’s sexual harassment and abuse case trial be by jury.
It follows an application in February by defence lawyer David Kanyenda on the basis that section 294 (1) of the criminal procedure and evidence code mandates a jury, rather than a single judge, to try such a case.
Sumbuleta is suspected to have sexually abused four female employees while he was serving as top boss at the state-run broadcaster.
Meanwhile, legal guru Justin Dzonzi supports Judge Ruth Chinangwa’s observation that the law governing trial by jury needs revision particularly as various serious crimes are decided by lone judges.
A jury is a sworn body of people convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system.
