ORDER ON REVIEW ;
This j is my ruling on a motion by the accused persons for a review of the decision of the Chief
â€ Resident Magistrate, sitting at Lilongwe, denying them their request to have two of the
prosecution witnesses herein recalled to testify in the case against them.
2, The motion is brought under section 26(1) of the Courts Act and 1 Section 360 of the Criminal
Procedure and Evidence Code. Sh ak,
3. The facts on which the motion is based are uncontested, The accused persons are ¢ answering 3
i ¢ uitits under the Customs and Excise Act in the lower court. It tial y. Justice Patrick Chirwa
pi ‘gided over the case when he was the Chief Resident Magistrate (€ Upon being appointed
a hidge of the High Court he ceased presiding over the matter dnd the few Chief’ Resident
Magistrate took over the matter, By that time only two witnesses ‘tebtified aut ofa possible ten,
. The accused persons, on the basis of section 165 of the Criminal’ Procedure and Evidence Code,
filed a notice to recall the witnesses. Their ground for the request was that they wanted the
Court to assess the demeanour of the witnesses. The Court dismissed the request. 
contrary to section 132 of Penal Code; defilement contrary to section 138(1) of the Penal
Code and indecent practices in the presence of a child contrary to section 160C (b) of the
Penal Code. The first two offences attract a sentence of life imprisonment and the third
offence attracts fourteen years imprisonment with hard labour. The matter was referred to
the High Court under section 14(6) of the Criminal Procedure and Evidence Code for
sentencing. 