Mzimba District’s third grade magistrate who was arrested last year December charged for allegedly caressing a witness’s breasts and groping a woman’s buttocks after testifying in court has been acquitted by High Court in Mzuzu.
Judiciary spokesperson Mlenga Mvula said Tobias Sibale, 52, from Temwamkondo Village, Traditional Authority (T/A) Wenya in Chitipa District, who is stationed at Emcisweni Court in Mpherembe, Mzimba has been acquitted on charged of indecent assault of a female contrary to Section 137 (1) of the Penal Code.
He was arrested last December when a 22 year old married woman Patricia Jere of Solomon Village, T/A Mpherembe in Mzimba complained of indecent assualt but he denied the charge.
The woman went to testify at the court in one of the cases that the magistrate presided on.
The magistrate later allegedly called the witness to his office where he is alleged to have congratulated her on the testimony in court.
Police spokesman for Mzimba Lingstone Kanjaudzu said woman said the Magistrate touched her boobs and grabbed her right buttock.
The Magistrate reportedly told police that he touched the woman’s rear end because: “Her booty looked so good” and he couldn’t resist touching it.
The magistrate’s court then discharged the case instead of acquitting Sibale, a development that forced Sibale’s lawyer George Kadzipatike to apply for a review of the lower court’s decision in the High Court.
Mzuzu-based High Court judge Dingiswayo Madise acquitted Sibale, arguing that the lower court misguided itself in discharging the matter without acquittal.
“I see nothing wrong which could have prevented the lower court to exercise its powers under Section 249 Criminal Procedure and Evidence Code. I hereby review that order and proceed to make a finding of the acquittal,” said Madise in his determination
Judiciary spokesperson said Sibale will be reinstated since he has been acquitted. Sibale comes from Temwankhondo Village, T/A Wenya in Chitipa
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