From left to right: Luka Sikelo, Counsel Kelvin Nyasulu, Aubrey Mwakhwawa, Gift Manda and LAO Martin Kumwenda
The Senior Resident Magistrate Court in Mzuzu has acquitted three police officers who were arrested in 2020 on multiple corruption-related charges due to a lack of credible evidence from the prosecution.
The three, Aubrey Mwakhwawa, Luka Sikelo, and Gift Manda, were all serving members of the Malawi Police Service and stationed at Chiputula Police Unit in Mzuzu City at the time. They were arrested by the Anti-Corruption Bureau (ACB) on 17 September 2020. At the time, they were suspected of having demanded and received money from several complainants in exchange for police bail.
They were jointly charged with five counts of corrupt practices by a public officer, contrary to Section 24 (1) of the Corrupt Practices Act, and two counts of misuse of public office, contrary to Section 25B (1) of the same law.
The accused obtained legal aid representation through personal applications to the Legal Aid Bureau’s Mzuzu office. They were represented in Court by Senior Legal Aid Advocate Kelvin Nyasulu with assistance from Legal Aid Officer Martin Kumwenda.
During the trial, the State called seven witnesses to establish that the accused were culprits. However, Legal Aid Bureau successfully challenged the reliability of the evidence, highlighting serious inconsistencies between the witnesses' written statements and their oral testimony in Court.
The defence argued that it was not the responsibility of the Court to “pick and choose” between conflicting versions of the same events. No direct evidence was presented to link any of the accused officers to the alleged acts.
The Court observed that no witness could identify which of the accused received money, nor could any confirm who counted or handled the money allegedly exchanged in return for police bail.
On the charges of misuse of public office, the Court again noted that the evidence was riddled with contradictions, rendering it unreliable and insufficient for a conviction. In delivering his ruling, Senior Resident Magistrate His Worship Godfrey Nyirenda held that the prosecution had failed to prove all charges beyond reasonable doubt, and as such, acquitted all three officers.
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