20 January, 2010 - The Trial

I received a summons to attend court and testify against one of the robbers they caught. From that point I knew another story, too bazaar to believe, would be just around the corner…

I arrived at the police department 15 minutes before I was supposed to report to the court room. Of course I knew that this was too early for a Malawian standard, but was hoping for something to be on time for once. I then sat in the prosecutor's office (a side room with about 7 idle cops and papers thrown about) for about 20 minutes while the proper paperwork was found. All the while the police asked me varying questions in Chitumbuka to test my language skills and proceed to invite themselves to visit me in the village. One actually said, "I will come to your house, you can cook me rice, and I'll stay there." I promptly told him that it would not be appropriate for that to happen and ignored his conversation for the duration of my stay. Seated with me were two Indian guys who were supposedly robbed by the same guys. One spoke very little English while the other knew none and was barefoot due to a 21 year prayer (he was in year eight of his no shoe life).

Once all the paperwork was gathered and our recovered items collected (a few shirts and ripped bad) the Indian man was asked by the cop if his car could be used to collect the defendants from the jail. The police explained that petrol was a problem and they didn't want to walk through town with two convicts. After a small debate and offering of money for gas to collect them with a taxi, the cop left and said he'd find a way to get them.

The two suspects were then collected by an unknown means and brought to meet us at the entrance to the police barracks. My heart jumped in my chest as I recognized one of them and moved carefully to put some police between them and myself. I love how I was able to get so close again to the guy who I had such a lovely experience with just a few weeks earlier. We all then crossed the street together as one complete court case (guard, prosecutor, suspects, and victims) and entered into the court room which looked just like I'd imagined it to: a gallery with wooden benches, two side areas for testimonies and the defendants, and a higher seat in front for the judge (on which the old Malawian flag was draped like a table cloth). I was first to be called to the stand as the other witnesses were asked to leave the room (which made no sense as we were all briefed together and told our stories in a group before entering the court room). So my support network (aka Devon, one of the guys also robbed) left and I took the stand. I gave a recap of the night and claimed the few pieces of clothing that were recovered for the prosecutor and then was told that the defendants were going to cross examine me. Lovely, the man was not only allowed to stand near me at the police station, but now I had to have commentary with him in the court room. He of course called me a liar, accused me to stealing from him, and made my heart race like the night I met him. In the end he really didn't have a leg to stand on as I identified him from the robbery, he already made a guilty plea (which he took back just before the trial), and had turned over some of our possessions after being arrested.

I, despite thoughts of jumping across the stand and giving him a swift kick in a place no man wants violent contact, kept my cool and gave a testimony which I felt comfortable would end in a conviction. I was then told I could sit down and Devon was invited to return to the room and give is account of the night in questions. He went through the same process, and obviously held back the same anger when it got to the point where the defendant could ask him questions. He kept his cool, as expected, and gave the same witness of seeing him at the scene of the crime.

Lastly, the Indian man who spoke passable English came to give his testimony. He was unable to identify anyone, but could claim the things which were apparently ceased from the man. There was a second defendant as well, but he remained quiet and could be identified by no one. I understand he had some of the stolen items, but other than that his tie to the event was unknown to me. At least one of the men had no chance in seeing a world without bars for a while… I hope anyhow.

All that being said I feel as if the trial, while a bit unorthodox in parts, was a moment of closure to the whole episode. I did not particularly like the proximity or conversation had with my thief, but as long as it means he will be behind bars then I am glad to have made it to the hearing. Also, I should add, the prison system is so messed up here that papers get lost, and prisoners tend to stay in jail for many years past their release and are subject to overcrowding and poor conditions. A problem for some, but I am not upset thinking of him 'rotting' in a jail cell somewhere.