The three after their acquittal
Three accused persons, Msusa Zimba, Martin Kasakula, and Tsambalikagwa Zimba, have been acquitted of charges of murder and hindering the burial of a dead body following a full trial before the High Court in Kasungu.
The three had been jointly charged with two offences: murder, contrary to section 209 of the Penal Code, and hindering the burial of a dead body, contrary to section 131(1) of the Penal Code.
The State alleged that during the night of 12 and 13 April 2017, at Makanda Village in Kasungu District, the accused persons, acting with malice aforethought, caused the death of an unknown male person of African origin. It was further alleged that the accused unlawfully hindered the burial of the deceased.
When they sought legal aid, the accused were represented by Principal Legal Aid Advocate Lusekero Kisyombe, Senior Legal Aid Advocate Chanju Kondowe, and Senior Legal Aid Advocate Bridget Uledi, with assistance from Legal Aid Officer George Luwayo.
In support of its case, the prosecution called five witnesses. At the close of the prosecution’s case, the court ruled that the accused persons had a case to answer.
The defence subsequently presented its case, during which the accused persons testified and called three additional witnesses, bringing the total number of defence witnesses to six. Upon the close of the defence case, both parties filed written submissions.
In its submissions, the defence argued that the State had failed to discharge its burden of proof beyond reasonable doubt, citing significant gaps in the prosecution’s evidence. The defence contended that none of the prosecution witnesses directly observed the accused assaulting the deceased and that the circumstantial evidence relied upon by the State did not lead to a single, irresistible conclusion of guilt. It was further submitted that the evidence suggested the deceased may have been assaulted by villagers from Makanda Village.
In his judgment, Justice Kalemba held that the circumstantial evidence relied upon by the State did not point to one inevitable conclusion that the accused persons were the perpetrators of the alleged offences. He observed that none of the prosecution witnesses testified to having seen the accused assault the deceased.
The court noted that the prosecution witnesses consistently stated that on the material day, an unknown male person of African origin had been apprehended in the village for allegedly stealing goats. The evidence, the court found, suggested that the deceased was assaulted by villagers.
Consequently, the court acquitted the three of both counts, ending a legal battle that lasted for eight years.
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