Karonga-based businessperson Lyton Yusuf yesterday walked to freedom after Uliwa First Grade Magistrate’s Court granted him bail slightly over 24 hours after Malawi Defence Force (MDF) soldiers smoked him out of his house at 3am.
The entrepreneur has been charged with publication of false news likely to cause fear and alarm to the public contrary to Section 60(1) of the Penal Code.
However, Yusuf, also known as Yusuf Mangochi, denied the charge and immediately applied for bail.
The State, represented by prosecutor Evance Mtepuka, did not object to the application.
He said the State will parade four witnesses when the case resumes.
In his ruling, magistrate Matson Phiri said the offence was a misdemeanour and bail was everyone’s constitutional right. He has since adjourned the case to July 11.
‘Abducted’ man
gets court bail
Meanwhile, MDF Commander General Vincent Nundwe has backed the action by soldiers from Chilumba Barracks, saying his troops felt aggrieved by Yusuf’s allegations and lodged a complaint with Karonga Police Station to take action.
The dawn raid at Yusuf’s house at Karonga Boma followed a viral video in which he accused MDF soldiers at Chilumba Barracks checkpoint on the M1 of beating up travellers. He also alleged they were taking bribes and impounding agricultural produce such as maize, groundnuts and soya beans from entrepreneurs.
While another video clip shows Yusuf being forced to apologise to soldiers, some of whom are heard shouting instructions in the background, Nundwe denied that the soldiers arrested, “abducted” or harassed the suspect. He insisted police made the arrest.
He said: “Police knocked on the door and he came out half-dressed and was asked to go back and dress properly and join them to the police station for questioning. However, he [Yusuf Mangochi] decided to close the door; hence, using reasonable force to take him to the police.
“The exercise [roadblock] we are conducting in Karonga is sanctioned by the Ministry of Trade that we should intervene and control smuggling… We have noticed resistance from people who benefit from this illegality.”
Nundwe said while they appreciate people’s rights, it was unfair to tarnish the image of the MDF for the sake of enjoying one’s freedom of expression.
He said: “The statements were offensive; hence, our lodging of the complaint to police who have been handling the matter. I repeat the MDF was aggrieved with the unfortunate statement and followed the due process to have the suspect face the law.”
Nundwe said Yusuf admitted wrong doing, claiming he did not know that he was violating the law.
But while Nundwe stated that it was police who made the arrest, Karonga Police Station spokesperson George Mulewa said Yusuf was handed over to police by officials from MDF’s Chilumba Barracks.
“As police, we are investigating the allegation to find out the content of the video,” he said.
In an interview after his bail, Yusuf insisted that government should relocate the MDF checkpoint to Iponga to check agricultural produce smuggled outside Malawi.
He said MDF conduct at Chilumba is contributing to maize scarcity at Karonga Boma.
In an apparent contradiction to Nundwe’s assertion that police made the arrest, Yusuf said: “I was forcibly taken half-naked, humiliated before my wife, children and was detained in an MDF cell at Chilumba Barracks before being taken to Chilumba Police.”
Meanwhile, Catholic Commission for Justice and Peace (CCJP) Karonga Diocese acting desk officer Obert Mkandawire has condemned the manner MDF arrested Yusufu, but applauded police for taking him to court within the required 48 hours.
Yusuf comes from Mtalimanja Village, Traditional Authority Mponda in Mangochi District. n
Additional reporting JOSEPH MWALE and SUZGO CHITETE, Staff Writers
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