Three Discharged in Ntchisi Over Lack of Evidence

In June 2023, 63-year-old Joseph Edward Banda left his home in the afternoon for Kadzimete Village to drink Kachasu beer. However, he never returned home that evening.

The following morning, his lifeless body was discovered in a maize field, bearing multiple stab wounds. Authorities transported the body to Mponela Rural Hospital for a postmortem examination while the police launched an investigation into his murder.

Three men - Josephy Gladwell Master, Yohane Petro, and Paul Francisco—were arrested in connection with Banda’s death. Despite their denial of the charges, they were held on suspicion of murder.

The police investigation revealed no direct evidence linking the three to the crime, aside from witness accounts placing them in the same location as the deceased before his death.

The suspects were remanded at Ntchisi Prison while awaiting trial. Later that year, during a visit by the Legal Aid Bureau to Ntchisi Prison, their statements were recorded. Upon being granted legal aid, they were represented by Senior Legal Aid Advocates Jacqueline Ntanthiko and Chanju Kondowe, with assistance from Legal Aid Officer Sarah Simbani Chirwa.

A key witness testified that she had seen Banda, seemingly drunk, on the evening of 02nd June 2023 as she was heading to Kabulungo Trading Center to buy medicine for her child. She also encountered the three suspects separately as they were heading in the same direction as Banda. A day later, Banda was found dead.

After thoroughly reviewing the case, the State concluded that there was insufficient evidence to secure a conviction and communicated this to the defense this year in March. As a result, the prosecution requested that the case be discontinued.

The Court accepted the motion, leading to the discharge of the accused men. After spending nearly two years in prison, they were finally released.

The Bureau received funding from the European Union’s Justice and Accountability – Chilungamo Program for its operations, including Court proceedings leading to discharge.

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