Originally posted by the Voice of America.
Voice of America content is produced by the Voice of America,
a United States federal government-sponsored entity, and is in
the public domain.


Malawi Gay Couple's Lawyers Plot Strategies for Next Month's Trial

   Defense  lawyer  Mauya  Msuku  says they are considering three or four
   options including the couple themselves testifying or remaining silent

   James Butty | Washington, DC 23 March 2010
   Same sex couple taken into custody in Blantyre, Malawi

Photo: L. Masina

   Tiwonge  Chimbalanga  and  Steven Monjeza are taken into custody after
   celebrating their engagement (photo by Lameck Masina)

   Lawyers  for the Malawi gay couple jailed since December last year for
   holding  a gay engagement ceremony said they are studying the evidence
   against their clients to prepare for the April sixth trial.

   A Malawi judge Monday ruled that prosecutors have presented sufficient
   evidence  to  show  that  the  couple,  Tiwonge Chimbalanga and Steven
   Monjeza might have committed gross indecency.

   Mauya Msuku, one of the couple's lawyers said his clients are weighing
   whether to testify on their own behalf or not.

   âThere  are  three  or  four  options available. They might themselves
   testify  and  call  witnesses,  or  they  might choose just to testify
   themselves and never call witnesses, or they might choose only to call
   witnesses and never testify themselves; or they might choose to remain
   silent, never call witnesses and testify,â he said.

   Human  rights  groups  are  pressuring Malawi's government to drop the
   charges and repeal laws criminalizing homosexuality.

   Some Western countries have threatened to reduce aid to Malawi because
   of the case.

AFP Photo

   Malawi President Bingu wa Mutharika and current African Union chairman

   But  Malawi church leaders said last week the government should resist
   the pressure and maintain the current laws.

   Msuku  said  what matters is the legality of the governmentâs case and
   not the churchâs opinion.

   âWhether the accused are guilty or not is not dependent on the opinion
   of  a particular grouping or particular sector of society. Itâs really
   about  what  the  law  says and our view is despite whatever opinion a
   particular  sector  of society thinks, we donât think itâs relevant to
   the case,â Msuku said.

   He said no one has threatened him for defending the gay couple despite
   the fact that it seems most Malawians are against homosexuality.

   âIâm  not  so  sure  that  the  majority  of  Malawians are against it
   (homosexuality),  but  probably  you  might  say those people who have
   access to the media maybe are against it because sometimes the opinion
   of the people which is heard are the opinions of those people have the
   platform.  And  that may not be reflective of the majority thinks,â he
   said.

   Msuku  said  from  the  defense point of view the case against the gay
   couple  is not as serious as it seems because, according to him, it is
   not the worst heinous offense under Malawian law.

.