Rashid (in the middle) reunited with his brothers
The Second Grade Magistrate court sitting in Mangochi has acquitted Rashid Wendewende of Mtagaluka Village T/A Chowe in Mangochi district after finding him with no case to answer to charges of burglary and theft.
On 14th March 2023 during cyclone Freddy, Rashid found a shirt and other children’s clothes that had been swept away. He took the clothes home and started wearing them. A week later he met a woman (the complainant) who told him the shirt was actually her husband's and she wanted it back. Rashid told the woman he would bring it the next day as he wanted to wash it first.
The following morning when Rashid went to give back the shirt, he was apprehended and told the shirt in question went missing in January together with one flat screen, two cellphones, and clothes when the house of the complainant was broken into. Rashid was then charged with burglary and theft of the flat screen, two cellphones, and assorted clothes.
A brother to Rashid sought Legal Aid on behalf of the accused and the matter was assigned to Senior Legal Aid Advocate, Upile Mapata.
During trial, the State paraded four witnesses in trying to prove the charges against Rashid.
In its ruling on whether or not the accused has a case to answer, the Court agreed with counsel from Legal Aid Bureau that the evidence brought by the prosecution was contradictory and unreliable and did not prove the elements of the two offences.
The Court stated that no prima facie case was made out against the accused person requiring him to enter a defence. Therefore, Rashid Wendewende was found with no case to answer and has been acquitted.
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