Patrick Mission after release
The High Court sitting in Blantyre has acquitted Patrick Mission of murder following a ruling that the prosecution failed to establish a prima facie case. Mission had been facing a charge of murder contrary to Section 209 of the Penal Code for allegedly causing the death of Lucius Ellard, which occurred around 12 October 2021 at Chigumula Forest in Blantyre.
Mission had been in custody since 2021 awaiting trial. His relatives sought legal representation from the Malawi Legal Aid Bureau, and he was represented by Senior Legal Aid Advocate Prisca Masumba. He pleaded not guilty to the charge.
During the trial, the State paraded four witnesses. The first was a government scout stationed at Chigumula Forest. He testified that on the morning of the incident, around 5 a.m., some workers slashing around trees in the forest informed him that they had found a person lying on the ground. After informing his supervisor, he went to the scene and found a crowd gathered around the body, which was lying face down with a swollen head, face, and body. There were pieces of sticks close to the body. He and others identified the deceased as his colleague, Lucius Ellard, by his bloodied scumba jacket and white Lexin shoes. He also stated that the deceased had recently bought a motorcycle and was using it for carrying passengers.
The second witness was the deceased’s younger brother, who testified that upon hearing the news, the family rushed to the scene. They were able to identify Ellard by his clothes, as his face was severely disfigured.
The third witness was the investigating officer. He testified that he visited the crime scene on 12 October 2021 and found the body lying face down with two sticks nearby, which they believed were used to beat the deceased. He said that later on 28 October 2021, they received a tip about a house in William Village, Bvumbwe, said to be occupied by men who rob people of motorcycles. On the night of 3 November 2021, the police raided the house and arrested only Patrick Mission, as two other men fled. The house belonged to a man named Timvane.
The officer testified that Mission was questioned about the deceased’s motorcycle. Mission explained that a man known as Yellowman had brought him a red Lifo motorcycle to sell. He said he could not lead the police to Yellowman’s house as he had gone to South Africa, nor could he locate the person who allegedly bought the motorcycle in Phalombe. Mission's caution statement indicated that Yellowman claimed the motorcycle had been left with him by some young men and that he brought it to Mission, who then sold it for MK200,000. Yellowman received MK30,000, and Mission was given MK10,000. Mission said the remaining MK160,000 was sent to Timvane using a mobile number Timvane had provided.
Mission was arrested on 3 November 2021 at the home of Timvane’s in-laws, where he had reportedly gone to get medication. Two other men were also arrested for being suspected of robbing people of motorcycles, but Timvane managed to flee.
The fourth witness was a clinical officer who conducted the post-mortem examination. He concluded that the cause of death was severe head injury and haemorrhage.
In its ruling, the Court noted that the only direct witnesses to the murder were the deceased and his assailants, none of whom testified. The prosecution had tried to link Mission to the murder by pointing to his presence at a house known to be frequented by motorcycle robbers and his possession of a motorcycle similar to the deceased’s around the time of the incident. The Court, however, found that there was no evidence to show that the motorcycle was stolen, or that it belonged to the deceased, or that Mission was involved in stealing it.
The Court further noted that the investigating officer failed to trace the alleged buyer of the motorcycle or identify the recipient of the MK160,000 through the Airtel number Mission provided, despite the availability of Know Your Customer (KYC) systems.
While the Court acknowledged that Mission could have been involved in motorcycle theft, it emphasized that no evidence had been presented to prove that the motorcycle in question was stolen, let alone that it was taken from the deceased. The Court held that the prosecution failed to establish any link between Mission and the murder of Lucius Ellard.
The Court also criticized the police for conducting what it described as a rushed investigation, stating that proper procedures under Section 313 of the Criminal Procedure and Evidence Code were not followed.
In conclusion, the Court found that the evidence presented by the prosecution was insufficient to require Mission to enter a defence. As a result, Patrick Mission was acquitted of the charge of murder.
- 33 views