Five of the six accused persons
The Principal Resident Magistrate, His Worship Michongwe, sitting at the Kasungu Magistrate Court, has acquitted six individuals who were facing multiple criminal charges, including malicious damage, assault, and unlawful wounding.
The six accused, identified as Ernest Molola, Macilini Fayison, Grace Mulekano, Esinala Banda, Boston Phiri, and Willard Molola, had been charged with two counts of malicious damage contrary to Section 344(1) of the Penal Code, five counts of assault occasioning actual bodily harm contrary to Section 254, and two counts of unlawful wounding contrary to Section 241(a) of the Penal Code.
According to the State, on 22 June 2024 at Kandifula Village, Traditional Authority Lukwa in Kasungu District, the accused persons allegedly willfully and unlawfully damaged the rear and front windscreens, headlamps, rear-view mirrors, and side glasses of a Hijet half-tonner motor vehicle valued at K1,580,000.00, and also damaged similar parts of a Honda Freed motor vehicle which were valued at K1,200,000.00.
The prosecution also claimed that on the same day, the six accused unlawfully assaulted three individuals and wounded two others during a violent confrontation.
In Court, the accused were represented by Principal Legal Aid Advocate Lusekero Kisyombe, assisted by Legal Aid Officer George Luwayo from the Legal Aid Bureau in Kasungu.
During trial, the State paraded nine witnesses in an attempt to prove its case, leading the Court to find the accused with a case to answer. The defence, in response, presented eight witnesses and later submitted written arguments.
In their submissions, the defence maintained that the accused were not present at the scene and had no involvement in the confrontation. They further argued that the incident involved a large crowd and that the State had failed to specify the roles of each accused person. The defence also faulted the prosecution for not conducting an identification parade, which they argued would have been crucial in properly identifying the actual perpetrators.
In delivering his judgment, Magistrate Michongwe observed that one of the State’s witnesses testified that approximately 100 people were present during the incident. The Court concurred with the defence that an identification parade was necessary to confirm the identity of the offenders.
Finding that the prosecution had failed to sufficiently link the accused to the offences, the Court ruled that the evidence presented was inadequate to sustain a conviction and consequently acquitted all six accused persons on all counts.
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