By Chisomo Phiri

Former Malawi Broadcasting Corporation (MBC) Director General Aubrey Sumbuleta who is answering sexual harassment case can now have a smile on his face after High Court accepted his application to have the case heard by a jury.

In the application , Sumbuleta through his lawyer David Kanyenda argued that Section 294 (1) of the Criminal Procedure and Evidence Code, states that all trials in the High Court should be heard by a jury subject to relevant exceptions gazetted by the minister.

But the the prosecution through senior State advocate Mathews Chione objected the application by among others arguing that Sumbuleta’s right to a fair trial and other constitutionally guaranteed rights will not be affected if the case is not heard by a jury.

In her ruling on Saturday, High Court Judge Ruth Chinangwa, said it is clear that the case of Sumbuleta has to be heard before a jury because the offences which he has been charged with are not mentioned as charges that can be tried without a jury.

Meanwhile, the case has been adjourned to June 2023 .

According to the Blacks Law Dictionary, a jury is a group of people selected by law to make findings of fact and render a verdict for a trial.

Malawi Law provides that a jury shall consist of 12 people, except where otherwise specifically provided.

The judge only comes in to decides questions of law, including whether particular items of evidence will be presented to the jury.

Sumbuleta was arrested after Malawi Human Rights Commission carried out investigations into alleged reports of sexual harassment of female employees at MBC.

He was charged with three offences namely , sexual harassment, indecent assault and abuse of office.