Mashupo (center) with SLAA Mmangitsa (left) and ALAO Ziba (right)
The First Grade Magistrate Court in Nkhotakota has acquitted 47-year-old Mashupo Benson of indecent assault charges.
Benson was initially charged with defilement contrary to Section 138 of the Penal Code before the charge was amended to indecent assault, contrary to Section 137(1) of the Penal Code.
He was arrested on 13 February 2025 on suspicion of indecently assaulting two girls aged 8 and 11.
Testifying before the Court, the two sisters told the Court that they met Benson on their way from a stream where their mother had sent them to draw water. Since they were carrying sugarcane, Benson allegedly questioned them about where they got it, suspecting that it had been stolen. The girls claimed that during the interaction, Benson took them to a banana plantation where he allegedly told them to lie down and inserted his fingers into one of the girl’s private parts.
During the prosecution, the State paraded six witnesses to support its case. Benson, who sought legal aid, was represented by Senior Legal Aid Advocate Mphatso Mmangitsa with assistance from Assistant Legal Aid Officer Dumisani Ziba.
When found with a case to answer, Benson paraded three witnesses in his defence.
In his testimony, the accused denied the charge, stating that he only warned the girls against stealing sugarcane. He claimed that after walking a short distance, community policing members stopped him and accused him of defiling the girls.
“I denied the accusations, but the community policing members started to beat me. I pleaded with them to take the matter to the police, but they refused, saying they wanted to punish me the same way I punish others in the village for wildlife offences,” Benson told the Court.
Medical evidence presented by a clinician from Nkhotakota District Hospital found no indication that the girls had been defiled or indecently assaulted.
Two of Benson’s defence witnesses corroborated his claim that he had become a target in the village, with suspicions that he was assisting African Parks in arresting offenders. They testified that one of the victims’ uncles, previously arrested twice on wildlife-related charges, was among those hostile towards him.
In his submissions, Counsel Mmangitsa argued that none of the witnesses provided evidence proving that the girls were indecently assaulted.
“The State has not proven its case beyond a reasonable doubt. We conclude that the accused is not guilty. Therefore, he must be acquitted,” he submitted.
Delivering judgment, First Grade Magistrate His Worship Phaiya observed inconsistencies in the prosecution’s evidence during cross-examination. He further noted that medical findings from Nkhotakota District Hospital confirmed there was no penetration or proof of insertion of fingers as alleged.
The Court, therefore, found Benson not guilty and acquitted him of the charge.
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