MALAWI: SAME-SEX COUPLE TRIAL: DELAY CONTINUES

UNCLAS LILONGWE 000108 C O R R E C T E D C O P Y - ADDITIONAL ADDRESSEES SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV MI SUBJECT: MALAWI: SAME-SEX COUPLE TRIAL: DELAY CONTINUES REF: 10 MDA 113 SUMMARY ¶1. (U) The trial of same-sex couple Tiwonge Chimbalanga and Steven Mojenza remains in recess. The delay is the result of the defense's attorney's apparent inability to continue as council for the couple. A date for the trial to resume has not been set. In a related case, Malawian Peter Sawali pleaded guilty to charges of "conduct likely to cause a breach of the peace," related to hanging posters in Blantyre in support of gay rights. End summary. TRIAL STILL IN RECESS ¶2. (U) Delays in the trial of same sex-couple Tiwonge Chimbalanga and Steven Mojenza continue. Hearings scheduled for February 3 and February 5 were cancelled. It is not clear when the trial will be able to resume. Meanwhile, the defendants remain in jail. DEFENSE ATTORNEY MAY BE UNABLE TO CONTINUE ¶3. (SBU) The most recent delay appears to have been caused by questions regarding defense attorney Mauya Msuku's ability to practice before the court. Post has learned that the February 5 hearing was to determine whether Msuku could continue as defense council or if another private attorney or a public defender would have to take over the case. As the court did not meet, this issue remains unresolved and the case cannot go forward. (Note: The Malawi judiciary has been in a state of disarray caused by the January 31 expiration of the licenses of many Malawi attorneys. Msuku appears to be one of a number of lawyers that have been caught up in new rules governing the annual renewal of licenses to practice law. End note.) POSTER HANGER CONVICTED ¶4. (U) In a related case, 21-year-old Malawian Peter Sawali was convicted in the Blantyre Magistrate Court on charges of "conduct likely to cause a breach of the peace." Salawi was arrested by Blantyre police on 30 January for hanging posters that said "Gay Rights Are Human Rights!" His case went to trial on February 2. Sawali pleaded guilty and was sentenced to community service. Local media reports that Sawali testified that he was sent by an unidentified individual to hang the posters. Blantyre Police spokesperson Beatrice Mwachande was quoted saying that police are looking for others that might have been involved in the effort. BODDE