Gay couple denied bail in Malawi

AFP

Friday, January 29, 2010

BLANTYRE, Malawi (AFP) -- Malawi's high court yesterday denied bail to a newly-wed gay couple charged with "gross indecency", citing concerns over their safety in the southern African state where homesexuality is illegal.

"In the current circumstances, the state is validly concerned about and interested in the applicants safety and justified to be wary of releasing them into the community, at least for the time being," said Judge Rowland Mbvundula.

"In a word, on the facts and material before me, the order sought by the applicants is withheld," he added.

Mbvundula's ruling in the high court upheld a lower court decision which denied bail to Tiwonge Chimbalanga, 20, and Steven Monjeza, 26, who were arrested after on December 28 after holding Malawi's first public gay wedding.

The couple has pleaded not guilty and faces a jail term of up to 14 years if convicted.

Their lawyer Mauya Msuku had argued that safety should "not arise at all since the two were or had been staying together and carrying on as husband and wife prior to their appearance in court".

The public had "never threatened their safety and no person may presently be said to intend to harm them", he said, according to the judgment.

But chief prosecutor Dickens Mwambazi argued that there has been "commotion and upheaval" at the Blantyre magistrates court, including open hostility toward the couple, since the trial started earlier this month.

Police had to beef up security, he added.

Judge Mbvundula said the couple had failed to provide the court with details of their address and known family, social or community ties, which he said were crucial matters in the bail application.

Their trial resumes in the magistrates court on Wednesday and has attracted widespread interest and shocked this conservative society where homosexuality is outlawed and sex topics are still largely taboo.

The couple, who have applied to the constitutional court to hear the matter, did not apply for legal recognition of their relationship.

The government here has defended the trial, saying the laws criminalise homosexuality and the couple had broken the laws of the country.