Lilongwe security guard acquitted in theft by servant case

Songazaudzu with PLAA Chikondi Kambuwa

The Principal Resident Magistrate Court in Lilongwe has acquitted a security guard, Brown Songazaudzu, in an offense of theft by servant that he was answering together with four others.
It was alleged that the five accused persons were working as security guards for Ark Construction located at Air Wing in Lilongwe. It was further alleged that on or about the 15th to 17th of October 2023, the five stole various metal bars from the warehouse on the premises. This happened when the warehouse was securely locked, but the accused persons allegedly accessed it by tampering with the roofing sheets on top of the building.
When arrested, they sought legal aid and were represented by Principal Legal Aid Advocate Chikondi Kambuwa with support from Assistant Legal Aid Officer Jones Mpina.
In Court, the State paraded five witnesses to prove its case. It was narrated that staff at the premises discovered on the 18th of October 2023 that goods were stolen. When directors were informed, police visited the scene and arrested the five security guards including Brown Songazaudzu.
A supervisor for the guards was also arrested but he escaped from police custody and is currently at large.
When the accused persons were found with a case to answer, Legal Aid Bureau counsel entered defense. The accused persons testified on their own and did not invite to Court any other witnesses. For Songazaudzu, it was argued that he only worked at the warehouse for one day, was not working on a night shift, and on the particular day of work, handovers were properly done.
When giving his judgment, Principal Resident Magistrate Roderick Michongwe agreed that a crime was indeed committed at the premises and goods were stolen. As the other four accused persons were found guilty and convicted, the State failed to prove beyond reasonable doubt that Brown Songazaudzu took part in the activity. He has therefore been set free.

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