Four Kasungu Men Acquitted in Arson, Malicious Damage Case

The First Grade Magistrate’s Court in Kasungu has acquitted four men who were accused of setting a house on fire and damaging property worth thousands of Kwacha.

The accused, Mickson Mainala, Billy Misheck, Mickson Gama, and Enock Devson, were arrested on October 8, 2024. They faced charges of arson, contrary to Section 337(a) of the Penal Code, and malicious damage, contrary to Section 344(1) of the Penal Code.

According to the State, the four allegedly acted willfully, jointly, and unlawfully to set the house of Mrs. Grace Chimaimba Mbewe on fire during the night of August 5, 2024, at Nsiwa Village in Kasungu District. The State further alleged that on the same day, they destroyed Mrs. Mbewe’s trees valued at MK595,000.

Relatives of the accused sought legal assistance at Legal Aid Bureau (LAB), and the four were represented by Principal Legal Aid Advocate Lusekero Kisyombe. During trial, the State paraded three witnesses, after which the Court found the accused with a case to answer.

LAB relied on the evidence that showed that the accused were not at the place of the incident during the time of its occurrence. They explained to the Court that all of them were attending the burial of the mother-in-law of Mickson Mainala at Chinkanda Village, Traditional Authority Wimbe, in Kasungu District.

At the close of the case, both parties filed submissions. In her submissions, counsel Kisyombe argued that the State failed to prove the first count of arson beyond reasonable doubt, particularly because it did not sufficiently explain how prosecution witnesses identified the accused using light from the fire. The State also failed to clarify the role each accused allegedly played in setting the house on fire.

On the charge of malicious damage, counsel further argued that the State failed to provide adequate evidence of the alleged destruction of trees. Notably, the investigator and the complainant did not testify on this charge.

In its ruling, the Court agreed with the defence, stating that the prosecution did not discharge its burden of proof on either count. On arson, the Court emphasized that the identification evidence was unreliable and that no clear explanation was given regarding the individual roles of the accused. On malicious damage, the Court noted the absence of crucial testimony and evidence to validate the allegations.

Consequently, all four accused persons were acquitted on both counts after staying in custody throughout the trial since their application for bail was denied.