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The First Grade Magistrate’s Court in Karonga has acquitted Linosi Mwambije, who had been charged with defilement, citing insufficient and inconsistent evidence regarding the alleged victim’s age.
Mwambije, who was represented by the Legal Aid Bureau in Karonga, was arrested in January 2025 for allegedly having sexual intercourse with a girl believed to be under the age of 16. However, during the trial, it emerged that Mwambije and the girl had agreed to marry in 2026. He told the Court that the girl had informed him she was 18 years old.
While testifying in Court, the girl stated she was born in July 2007, had written her Form 4 examinations, and had previously repeated Standard 8. The State presented four witnesses, and among them was her father. He told the Court that his daughter was born in 2008 and was 16 years old. However, he could not confirm her exact date or month of birth. He also claimed that his daughter had only reached Form 2 and had never repeated a class.
When Mwambije was found with a case to answer, he became the sole witness in his defence. The defence submitted that since there were doubts about her age, further evidence, such as school or church records, could have helped clarify her actual age.
In its ruling, the Court noted significant discrepancies in the evidence presented, particularly regarding the alleged victim’s age. The magistrate observed that the girl could have been 17, 18 or 19 as she told the accused.
In acquitting Mwambije, the Court emphasized that it was safer to acquit a person rather than convict him where there are doubts about age.
Mwambije was subsequently set free.
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