Judge quits Kunonga trial

By Lance Guma
26 August 2005

The Malawian Supreme Court Judge, James Kalaile, presiding over the church trial of Anglican bishop Nolbert Kunonga quit the case on Thursday because of bickering between the prosecution and the defence. Lawyers defending the bishop could not agree with the prosecution over procedural matters leading to a frustrated Justice Kalaile saying the Archbishop of the church in Central Africa, Bernard Malanga, had to appoint another judge. He says he has never encountered such problems before and stepped down after close to two hours of heated exchanges.

Kunonga, a staunch defender of Robert Mugabe, was dragged before an ecclesiastical court on Tuesday. He is facing 11 different charges including incitement to murder, intimidating and improperly firing priests, ignoring church laws and misusing funds meant for the diocese. Trouble in Thursdays trial started when Kunonga's lawyers insisted that evidence on the various charges be submitted separately, whereas church prosecutor Jeremy Lewis wants to make one combined submission.

Trivial as it is, the impasse has frustrated the sitting judge. It is likely the trial will proceed under a different judge despite this delay in proceedings, which observers say is a deliberate ploy by the defence to frustrate the complainants and witnesses in the trial. Justice Kalaile himself has a colourful history. Human rights groups in Malawi demanded his resignation as Chairman of the Electoral Commission after he tried to endorse a dodgy election in that country in 1999.