The Chief Resident Magistrate Court in Lilongwe on has denied bail to a British national, Roy Michael Robson together with his accomplice, Rabson Mwale on charges they trafficked seven Malawian children.
The two were arrested on Sunday on allegations that he had trafficked five female and two male infants from Mzuzu to Lilongwe.
The court heard that the Briton and his accomplice trafficked seven children including a four-month old from Mzuzu to Lilongwe’s squatter township of Area 24.
Prosecutors said the two suspects have documents to show the children have been adopted but said the State need tin thoroughly investigate the matter.
They also said that an assessment letter from Ministry of Gender, Children, Disability and Social Welfare which said the adoption process was carried out in suspicious –manner.
“The ministry is concerned that a single male petitioner as a sole applicant was granted orders contrary to Rule 3, Section 2 (Adoption of Children Act CAP 26:01 Law of Malawi [that is] five female and two male infants,” reads the letter signed by Mrs R Makhumula, addressed to Police.
According to the letter, the ministry is “astounded” that the Briton relocated from Mzuzu to Lilongwe immediately after being granted adoption.
Mangani asked the court not to release the suspects, saying the two may face mob justice if released.
Chief Resident Magistrate Ruth Chinangwa denied the suspects bail and adjourned the case to April 12.
From my own understanding I see Mr. Roy Michael is in not in the wrong. He legally adopted the children. Why not giving him bail? Very unfair. Blame your weak laws on Adoption. He’s a good, loving and caring man. The children are very happy/ With this, children are traumatized now.Release him NOW!
There is a more in-depth article on this case published by the Daily Times. It may not be available directly from the DT website, but I found it at Google’s cache. To access the article copy and paste this into your browser:
cache:http://www.times.mw/briton-nabbed-for-child-trafficking/
It is not clear from this article what exactly the concerns of the authorities are over the alleged child trafficking. However, people are being quick to condemn the two men before any significant details have been revealed. There is the real possibility that the children have been properly adopted from an orphanage (or whatever) in the North, and with the process complete were taken to Lilongwe, which is in no way illegal.
“The ministry is concerned that a single male petitioner as a sole applicant was granted orders contrary to Rule 3, Section 2 (Adoption of Children Act CAP 26:01 Law of Malawi [that is] five female and two male infants.”
That is just smoke from our inept authorities. There is nothing in the Adoption Act which completely bans adoption of children by a single individual. S2 (3) from the Adoption Act states:
“2. Power to make adoption orders: (3) Where an application for an adoption order is made by two spouses jointly, the court may make the order authorizing the two spouses jointly to adopt, but save as aforesaid no adoption order shall be made authorizing more than one person to adopt an infant.”
Thus, Roy Michael Robson may on his own, even without a spouse, adopt children under the Act, assuming from S3 (1) that he is NOT:
(a) … under the age of twenty-five years; or
(b) … less than twenty-one years older than the infant in respect of whom the application is made:
Robson may even adopt female children under exceptional circumstances. From S3 (3)
“An adoption order shall not be made in any case where the sole applicant is a male and the infant in respect of whom the application is made is a female unless the court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.”
Why refused bail? Even those accused of homicide or other acts of violence in Malawi get bail. It is making up a story to suggest that the accused cannot make themselves scarce if they are released, and so avoid mob justice. If the authorities are genuinely concerned about the safety of the accused, it would make more sense to grant them their right to bail, and to provide a police guard for them.
Finally, if this British has been falsely accused and detained, can we blame him if he abandons the adopted children and leaves the country, forcing Malawi to look after them itself?
Let him rot in Malawian jails. Akazatuluke akanene zoona kwaoko kuno anthu aku UK timaanyengerera koma Amalawi ambiri akuzunzika ku Uk