Chief resident Magistrate Patrick Chirwa has ordered the State to initiate a Medical examination process of a defilement suspect ,Stewart Chalungama,37 who is being accused of raping his nine year old step daughter . The Magistrate has since adjourned the case until a Medical report directs the road ahead.
Lawyer for the suspected rapist, Edward Chagalamuka who arrived an hour after the agreed time, claimed that he was informed that his client was tormented with violent headache and severe diarrhea ,saying there was a need for a medical examination before the case started.
However, the state argued that, there was no any written document to support the claim in line with the law which states that in such cases the region’s PRO was responsible to inform the other party earlier before the actual earshot.
It also stated that the suspect is playing hide and seek with delaying tactics to deferral the case.
In his ruling, Chirwa said they have considered the suspect’s plea in contemplation that he has a right to good health and the accused was ordered to go to Kamuzu central hospital for a medical examination.
Chirwa also ordered a submission of the medical report before the day ends .
In an interview after the ruling, the Lawyer defending Chalungama said, the state misconstrued the argument by claiming that he is playing delaying tactics.
He said they would wait for a medical report to clarify his client’s fate
Luntha learnt that Mr Stuwert was arrested a fortnight ago after it was unmasked that he has been raping his nine year old step daughter countless times.
-Herbert Katanda- Luntha TV
