The High Court of Malawi has granted bail to Tadikira Mafubza, who was arrested in November in connection with a mass grave of 30 suspected victims of human trafficking.

The son to former president Peter Mutharika is answering murder and aggravated human trafficking charges.

He was arrested alongside his driver Samuel Navaya and three others identified as Duncan Kalulu, David Luhanga and Thomas Gidson.

Delivering her bail ruling in Mzuzu, High Court Judge Gladys Gondwe ordered Tadikira to pay a K2 million cash, provide two “blood-related” sureties each bonded at K5 million non-cash and to report to National Police Headquarters fortnightly.

He was also ordered to surrender his passport to police and not to interfere with or contact State witnesses.

Khonyongwa and Kita with a colleague leaving
the court after the hearing yesterday

According to Gondwe, although Tadikira is answering a murder charge which attracts a life sentence, he has the right to be presumed innocent until proven guilty.

She said: “The court has found no basis for not granting him bail.”

Gondwe said the State did not make any submissions for his continued detention.

Tadikira’s lawyer Gilbert Khonyongwa, who co-represented him with Wapona Kita, earlier argued that his client had spent about six weeks in custody.

He said: “He remains innocent until proven guilty and any further detention will remain tantamount to pre-trial punishment.”

In an interview after the bail ruling, Kita said it was not a simple case.

“We are glad that the court has agreed with us and has granted bail to our client,” he said.

The state through Ministry of Justice assistant chief State advocate Dziko Malunda argued that investigations were still in progress, as such, granting bail would affect the same.

He told the court: “Two other suspects connected to the case are still at large and are suspected to be outside Malawi.”

The 30 bodies of people believed to be Ethiopian immigrants were uncovered in Mtangatanga Forest in Mzimba District on October 18 2022.

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