Image sourced from the internet
The First Grade Magistrate Court in Ntcheu has set free Mc Happy Buya, Linly Kabango, and Thomas Andrew who were accused of malicious damage to property. The three are from Chisuntha Village in the district and were arrested on 25th February, 2025 on the charge, which is contrary to Section 344(1) of the Penal Code.
First Grade Magistrate His Worship Chidima heard that around February 2025, hell broke loose in Chisuntha Village in the district following the sudden and suspicious death of a community member. In retaliation, a mob ransacked the house of Nelson Kambalame, Diana Chifanji, and Jackson Chifanji for being suspected of being behind the death.
The Court further heard that during the fracas that ensued on that chaotic day, the house was significantly damaged; Iron sheets were stripped from the roof, and several household items were either destroyed or went missing.
When the matter was reported to Ntcheu Police Station, the defendants, namely Mc Happy Buya, Linly Kabango, and Thomas Andrew, were implicated as responsible for the damage, leading to their subsequent arrest.
Considering the poor economic profile for the defendants, their relatives sought legal representation from Legal Aid Bureau (LAB) and, upon being granted legal aid, they were represented by Senior Legal Aid Advocate Faith Sumani with assistance from Legal Aid Officer Andrew Phiri.
During the trial, the State paraded four witnesses in an attempt to prove the allegations.
LAB, on behalf of the defendants, submitted to the Court at the closure of the prosecution's case, that the State had failed to provide adequate evidence to make the accused enter their defence.
“The prosecution has failed to produce evidence proving that the accused were responsible for the damage to the complainants' property. Crucially, there was no credible evidence placing the accused at the scene on the material date,” reads part of the arguments from Counsel Sumani.
The complainants testified that a mob attacked their home. However, during cross-examination, they named individuals allegedly involved, but names of the accused were not included in their initial police statements.
“We find the State’s case riddled with contradictions and material inconsistencies, which undermined its reliability,” adds Counsel in her submissions.
In his ruling, His Worship Chidima agreed with LAB that the accused persons had no case to answer since the State failed to present sufficient evidence linking them to the offence. He therefore ordered that all the accused persons be set free.
The case was supported under the Chilungamo II Program, which facilitated the majority of the proceedings and Court attendances
- 2 views