COURT MOVED TO HDU AT KCH

Mr. Van Schalkwyk, his wife, and his father-in-law paid 500,000 kwacha in cash bond and assurities for his release on Tuesday afternoon.

October 14, 2010

The court case against Dean Van Schalkwyk was transferred to the Kamuzu Central Hospital's high dependency unit on Tuesday afternoon.

Magistrate Chifundo Kachale granted bail to the accused and agreed to resume the trial with testimony and cross-examination of Sephas Chimdima in the interest of justice and the victim's welfare.

Mr. Van Schalkwyk, his wife, and his father-in-law paid 500,000 kwacha in cash bond and assurities for his release on Tuesday afternoon.

They stated that they were thinking about the victim's well-being. Critically ill patients at Kamuzu Central Hospital were disrupted during the process.

Sephas Chimdima was placed in a high dependency unit room last week to keep him safe from prying eyes.

The 70-year-old man was working as a watchman for the accused when he was attacked and mauled by dogs.

Mrs. Gift Mwalwanda Gumbo, Head Nurse of the High Dependency Unit, was surprised to find Mr. Chimdima's room crowded with more than 12 people, including lawyers, a court clerk, and three members of the media, the accused, and police.

"The rooms are small, and I felt the environment was unsuitable for him." He needed oxygen, and the room was crowded... That crowd seemed to intimidate him because he couldn't answer questions from the lawyer, the magistrate, and everyone else who was there unprepared. "I don't think my patient was prepared for that," Mr. Chimdima says.

Mr. Chimdima answered questions about his background and the events of July 14th while crying, having stitches in his face, and missing most of his left ear and half of his lip.

That wasn't his first time making such a remark that day. Three police officers visited the patient's room and questioned Mr. Chimdima less than an hour before court at the hospital.

Prosecutor Happy Mkandawire refused to be recorded, but told a Zodiak reporter that questioning witnesses prior to and during trial is standard procedure.

Mr. Daletoam Chimdima claims he was at his brother's bedside when the police approached him and asked him to recount everything he knows. He also believes that government officials are organising the trip to South Africa for cosmetic surgery.

"Those who arrived first are Ministry of Labour officials." And when they came here, they took some pictures and other details, which leads me to believe they are the ones facilitating this," Mr. Chimdima says.

Mr. Chimdima later testified that he arrived at the agreed-upon time of 8 p.m. on July 14th.

He claimed he entered the property through the gate, armed with a bicycle, a radio, and a panga knife.

When asked why he carried a panga knife, Mr. Chimdima explained that he used it as a guard to scare people, much like a soldier carries a sword.

He claimed that the dogs began barking as soon as they saw him. He began swinging the panga, but they attacked and he collapsed. Mr. Chimdima claims this is when his boss, the accused - Mr. Van Schalkwyk - grabbed the panga and attempted to assist him.

According to the victim, the dogs overpowered his boss, who later took him to the hospital naked.

Mr. Chimdima stated that he worked for the Van Schalkwyks for three years and the previous owners of the house for two years. During cross-examination, he admitted that he and the cook had to live in separate boys’ quarters because the cook and the accused's wife were feuding.

Following further questioning, the victim informed the defence lawyer that the questions he was asking were unnecessary.

Nurse Mwalwanda Gumbo intervened in court 15 minutes after 1 p.m. to express her concerns.

"At first, Mrs. Gumbo, I was overruled when I asked them to say you're stressing the patient and he's not coherent at the moment."

She summoned another nurse after noticing the patient's blood pressure had dropped. The Defence then asked the Magistrate for guidance after pausing his questioning.

Magistrate Kachale adjourned court in the High Dependency Unit less than an hour after the proceedings began, stating that it was impractical and that they would resume after proper consultations with medical personnel.

Before everyone left the room, Mr. Chimdima's mouth trembled and his eyes closed.

Three other critically ill patients were unconscious in the unit, which normally only allows two visitors per patient.

Mr. Van Schalkwyk was released from the hospital without handcuffs, accompanied by his wife and lawyer.

His bail requires him to report to the Prosecutor's office at Police Headquarters in Area 30 at 8:00 a.m. every Wednesday.

If he complies with the terms of his release, the cash bond of 200 thousand kwacha and the assurities of 300 thousand kwacha will be returned.

Mr. Chidima's cross-examination is expected to continue on Friday at Kamuzu Central Hospital.