1 minute
The Second Grade Magistrate Court in Mangochi has set free 25-year-old Shaibu Kawina who was accused of burglary and theft charges.
Shaibu was arrested following an incident on August 17, 2024, when his neighbor accused him of breaking into her son's house and stealing two cell phones. Shaibu had dropped his phone at the neighbor's shop to be charged earlier that day.
Upon his arrest, Shaibu was charged with burglary and theft, to which he pleaded not guilty. With the help of his mother, Shaibu obtained legal aid, and Senior Legal Aid Advocate Upile Mapata took up his case.
During the trial, the State called two witnesses. The complainant testified that at night, he heard a strange sound, saw a man exiting his house through a window, and managed to grab the intruder's leg before they escaped. However, during cross-examination, the witness admitted that he did not see the intruder's face but recognized a shirt he believed Shaibu owned.
Shaibu's defense relied on his alibi, with his wife testifying that he never left their house that night. Shaibu also pointed out that he could not have stolen his own phone.
In his judgment, Second Grade Magistrate Chikalimba emphasized the dangers of the State relying solely on identification evidence, especially given the poor lighting and brief observation.
As the State failed to prove that Shaibu broke into the dwelling house to steal and failed to disprove Shaibu's alibi, the Court acquitted him of both charges after six months on remand.
- 8 views