Counsel Ngwira (middle) with the couple
The Liwonde First Grade Magistrate’s Court has acquitted a married couple who had been charged with possession of human tissue extracted from a human corpse, contrary to section 224A(b)(ii) of the Penal Code.
The accused persons, Beston Liwonde aged 73, and Roseby Kennedy, aged 69, are residents of Kawelama in Machinga District, and the human tissue was said to be an umbilical cord.
The couple was arrested on 26 May 2024 by police officers from Liwonde Police Station based on statements made by their co-accused persons, who alleged that the human tissues originated from the couple.
During plea taking, both Beston Liwonde and Roseby Kennedy denied the charge. At the time, Roseby Kennedy had already been granted police bail. The Liwonde Magistrate’s Court denied Beston Liwonde bail and remanded him to Zomba Prison.
Acting on instructions from her husband, Roseby Kennedy later sought legal assistance from the Legal Aid Bureau. They were represented by Senior Legal Aid Advocate Louis Mwale and Principal Legal Aid Advocate Martin Dallas, with assistance from Assistant Legal Aid Officer Lovemore Ngwira.
During trial, the prosecution alleged that the human tissues originated from Beston Liwonde, who was described as a traditional healer. Roseby Kennedy was implicated on the basis that she allegedly handed over a bag containing the tissues to the co-accused persons on the instructions of her husband. However, the State did not present evidence establishing the source of the tissues beyond the alleged confession of the co-accused.
After the prosecution closed its case, having called five witnesses, defence counsel submitted that the State had failed to establish a prima facie case against the accused persons. Counsel argued that no evidence had been presented to prove that the accused persons were in possession of, or had knowledge of, the alleged human tissues, and accordingly prayed for their acquittal.
First Grade Magistrate Boasi agreed with the submissions by defence counsel and acquitted both accused persons.