MALAWI: SAME-SEX COUPLE TRIAL TO RESUME; ANOTHER ARREST MADE

UNCLAS LILONGWE 000148 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV MI SUBJECT: MALAWI: SAME-SEX COUPLE TRIAL TO RESUME; ANOTHER ARREST MADE REF: 10 LILONGWE 108 SUMMARY ¶1. (U) The trial of same-sex couple Tiwonge Chimbalanga and Steven Mojenza is scheduled to resume February 18. Issues surrounding the ability of defense attorney Mauya Msuku to practice before the Blayntyre Magistrate Court were resolved and he will continue as the couple's council. In a separate case, media reports that 60-year old Malawian Tony Chirwa was arrested in Blantyre on February 15 and is being charged with "carnal knowledge against the order of nature." A spokesman for the Malawi Police Service stated that police continue to investigate other suspected cases of homosexual behavior. End summary. TRIAL TO RESUME ¶2. (U) The trial of same-sex couple Tiwonge Chimbalanga and Steven Mojenza will resume February 18 in the Blantyre Magistrate Court. The prosecution will present its final two witnesses at that time. If the defense does not offer rebuttal witnesses, the trial phase of the case could finish soon thereafter. At that point, how quickly a final verdict is rendered will be up to the Magistrate. Issues surrounding defense attorney Mauya Msuku's license to practice before the court have apparently been resolved, and he will continue as counsel for the couple. ANOTHER ARREST ¶3. (SBU) A wire service report indicated that 60-year old Malawian Tony Chirwa was arrested in Blantyre on February 15 and is being charged with "carnal knowledge against the order of nature" for having sexual relations with an unidentified 23-year old Malawian male. Blantyre confirmed to Emboffs that Chirwa remains in custody pending trial. The 23-year old was released. POLICE CONTINUE TO INVESTIGATE ¶4. (U) Malawi Police Service spokesman Dave Chingwalu was quoted in the media as saying that police had uncovered a network of individuals involved in homosexual acts and that, "we will arrest them all." COMMENT ¶5. (U) Post will continue to monitor these cases closely and has dispatched an embassy employee to attend the February 18 court proceedings. BODDE