Passing his judgment Principal Resident Magistrate Mzondi Mvula faulted the heavy presence of the police officers at the station and described it as intimidation and therefore unconstitutional.
He said the police had already arrested the two presenters who were accused of airing the illegal materials of Aubrey Nazombe and Mary Chande Mhone and therefore there was no need of their (the police's) continued presence at the station.
The embattled opposition Joy Radio dragged the Malawi Police Service to court for its presence at the radio premises after its closure on the eve of polling day for Malawi's General Elections on May 19, 2009.
The radio is being accused of flouting the electoral law for airing campaign material on the morning of the polling day after the expiry of the campaign period.
Joy Radio lawyer Jonathan Kara argued that the presence of police officers at the premises of the radio station since its closure is unconstitutional.
Police officers have been surrounding the radio station's premises since last month and have insisted that they have taken this position because their investigations on the matter are yet concluded. Kara said they have taken the law enforcers to court because they ‘want the police to vacate Joy FM premises because they have no power to do that.'
Police Regional Prosecutor for the Southern region Kahaki Jere said it was not the intention of the state to shut down the radio but their aim is to preserve evidence.
“We only want the computer that aired the messages to be tendered as evidence in the court of law,” he said.
In his ruling, Mvula said the presence of the police was in a way denying the radio to operate and therefore denying its workers a source of employment.
“Since you say there is a computer that you suspect has material that was aired on the day, I therefore grant you a search warrant to go there and confiscate it,” said the magistrate in his ruling.
