Counsel Sumani with the two clients after Court
The Senior Resident Magistrate’s Court in Zomba has set free two menwho were accused of stealing septic tank covers from Zomba Central Hospital.
The two men, Frank Kholowe and James Kwapala, were arrested in December 2024 after members of the community policing group apprehended them on suspicion of stealing the septic tank covers from the hospital’s staff residences.
They were later handed over to Kachulu Police Station before being formally charged in January 2025 with the offence of theft, contrary to Sections 270 and 271 of the Penal Code.
Following their arrest and subsequent charging, their relatives approached the Legal Aid Bureau (LAB) seeking legal aid. Upon assessment, legal aid was granted and their case was handled by Senior Legal Aid Advocate Faith Sumani with assistance from Legal Aid Officer Andrew Phiri.
During their first court appearances, LAB applied for bail for the accused. However, the application was rejected by Senior Resident Magistrate Her Worship Malimbasa on the basis that the accused had been subjected to mob justice during their arrest, and releasing them at that stage would pose a risk to their safety and health.
The trial later commenced, with the State parading six witnesses in an attempt to prove the charges. The Court ruled that both accused had a case to answer.
In preparation for their defence, Kholowe admitted involvement in the incident and was advised to change his plea to guilty in the interest of justice. Kwapala, on the other hand, provided evidence that he was in a different location when the incident occurred, making it impossible for him to commit it. With his wife supporting his testimony, he maintained that he was at home on the night of the alleged offence.
After hearing final submissions from both parties, the Court convicted Kholowe on his own plea and sentenced him to six months’ imprisonment. However, the sentence was backdated to the date of his arrest, meaning that he had already served the custodial sentence by the time the judgment was delivered.
Meanwhile, Kwapala was acquitted after the Court found that the State had failed to prove its case against him beyond a reasonable doubt.
Both accused men have since been released from custody.
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