Day in Court...

Ya, you read it right. I made my first court appearance EVER today. Ya, leave it to me to save my first time in court for a time when I'm living overseas. Luckily for me, I was not the defendant, though. I was actually a witness for the defense.

To be honest, I cannot remember whether I'd written about this story on the blog, as it's a bit sensitive, so I'll just leave the names out to protect the innocent. I do believe this person is innocent, which is why I testified in his defense. He happens to be a driver by trade, and I had run into him in Zomba one day while shopping for a mosquito net for my gardener Harold's family, who had just moved into the servant's quarters behind our house. Their little girl was already suffering from malaria when they first moved in, so the net was a crucial addition to the home.

After looking around at the 2 shops at which I'd found the nets before (South African Dept. store 'Pep' and Shop Rite), and having no luck, I ran into this driver friend of mine, who kindly helped me to find a shop which sells the elusive nets (ya, much more elusive than they ought to be in this malaria-ridden country... but I digress...).

He quickly led me to one of the many Indian-owned shops in Zomba where we found a net, and as we were walking back from there, it happened. We're having a nice conversation, and about 3 or 4 traffic cops come walking across the street, headed our way. I didn't realize they were actually aiming towards my friend, but then one of the officers looked at me, and said, "I'm sorry, madame, but we are arresting this one..." My friend then had a look of complete shock, as they grabbed his arms, and man-handled him away from me. There was a bit of a struggle, but to me the whole thing was shocking and seemed excessive. I really didn't know what to do about it, as they slapped him around a bit in a way that seemed quite forceful, especially considering that this is not a big guy, and he was surrounded by at least 4 police officers (more came later) who were a lot bigger than he was.

Eventually, the officers took him away, while he meanwhile looked back at me in a very desperate kind of way. I really didn't know what to do, so I just stood there with my mouth hanging open (ya, literally...). At one point, the situation prompted a few guys standing nearby to come to my friend's aid, as it appeared the officers might really beat him up. One of those guys came to me and explained that the officers were arresting my friend for failing to stop at a police checkpoint. Remember my story a few weeks back about being stopped and asked whether I had 'triangle plates?' It was one of those types of checkpoints. At such checkpoints, the officers do not have vehicles, so apparently if someone fails to stop, they walk along the streets until they find him and then arrest him in the way I'd just witnessed with my friend.

Of course, this situation is flawed in so many ways, as there is no real proof at all of the crime, and of course there is a 'beca' system (as they call it in Mexico), so anyone with a bit of cash can pay off an officer who threatens to arrest him (something I think might've happened when I was stopped, but being a 'clueless Mzungu' helped me escape the situation).

In any case, my friend insists that he never drove through the traffic stop, and that these officers are simply corrupt, and were targeting him, possibly for personal reasons (though I'm not sure if it was entirely personal, or just plain bullying). I hate bullies, and to see this kind of thing take place, so I agreed to testify in his defense for the charge of 'obstructing a police officer,' which is the 2nd charge he faces (besides the alleged traffic stop drive-through).

The appearance was quite interesting. It was a small hearing room, not much unlike those I've seen in the states (Yes, I've seen some because my good friend Joy is a lawyer in Chicago, and I got to see her in action once... plus, I covered the 'police/crime beat' during my short stint as a newspaper reporter in New Mexico.... so ya, I've been inside courtrooms, but never actually testified before.)

This part of the case was the defense, as the prosecution had made its case in another hearing. After the judge entered, I was sent out of the room so as not to be influenced by my friend's testimony in his own defense. After about 30 mins., they called me in to testify at the witness box (standing up, in this case), and take the honesty oath (though with no bible, interestingly). The judge then asked me to relay what I had seen, which was basically what I just described above. After that, the police officer handling the case asked me a few questions regarding my understanding of 'obstruction.' I basically replied that to me it means excessive force used by someone to resist arrest (as would be my understanding of the law in the U.S.), but in this case that did not happen. My friend did react a bit when he was grabbed by the arm, but just as a reflex, and no more. I was also asked how I would react if I were told I were under arrest. Of course, I replied that I wasn't sure how I'd respond in this particular situation, but I would certain ask why I was under arrest.

After that, my friend testified that he did ask why he was being charged in Chichewa. Apparently there was a question as to whether he had been told he was under arrest before the officers strong-armed him. Of course, I wasn't a 'prepared witness', and I wanted to tell the truth. I was worried then that my testimony may have hurt him, as I'd mentioned that the officers looked at me saying they were arresting him. However, they did not say anything to him, and his reaction led me to believe that he had no idea what was going on or why.

After my testimony, I was thanked graciously by the judge, and off I went. I called my friend later, who was very thankful, saying my testimony was very helpful to him. I hope he's right. I must say the whole experience was a bit disturbing, but again I'm trying to do my part to help someone out. I really hope it works out, as I'm certain this person is innocent. I'll keep you posted on the results, though I'm not sure when that will be. Another witness will testify for my friend on Friday, so perhaps a decision will be made that day, but my guess is that it may take quite a bit longer (if traffic court in the U.S. serves as comparison...)

So, that was the highlight of my day. Ya, always an adventure here in Malawi, eh? Tiwonana mawa!