Malawi Magistrate who ‘couldn’t resist’ grabbing woman’s boobs acquitted : To be reinstated

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 spokesman Mlenga Mvula:  The Magistrate will be reinstated after acquittal
Judiciary spokesman Mlenga Mvula: The Magistrate will be reinstated after acquittal

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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Racist McTumbukaFace
Racist McTumbukaFace
7 years ago

Anayambitsa zogwira mabele ndi Chikumbutso Mtumodzi. Ndipo anayambitsa zoti umenewu si mulandu ndi stupid drunken magistrate Ernest Chimwembe.

chikopa
chikopa
7 years ago

Uuuuhmmmmmm! Kodi nkhope ya Judiciary ndi imeneyi? Chifukwa chani Nyasa ndi Nation Publications amakonda kiwika nkhope yonyasayi? Kodi ndi kutukula akwawo? Daily Times sichinawo izi. Rarely do you hear other spokesperson ngati Kasunda wa ku Blantyre City Assembly, Tamara Chafunya – Lilongwe City Assembly or Charles Vintula.

chikopa
chikopa
7 years ago

Koma yeah! The woman dropped the charges? She was forced to do that without being paid. Those guys must have threatened to arrest her husband or close relative through false stories if she had not withdrawn. I can assure there will be another July 20 but for Judges and Magistrates as well as lawyers to dance as they think they are better than or of us. Its sad for Malawi. Kodi Law Society of Malawi muli kuti? Nanga Mayi Kaliyati muti nji? Nanga Kholiwe Mkandawire and Seodi White mutotani?

gringo
gringo
7 years ago

KOMA ATUMBUKA

moses
moses
7 years ago

Nyasatimes before you publish ur stories please research well and give us(readers) full picture of all the facts and issues considered by court to arrive at such decision. For example: what was the charge in the magistrate court, brief summary of the testimony of principal witnesses and the decision of that court backed by citation law relied. The issue in appellate court and the position of that court and its reasons for deciding along such lines. If u r not conversant with these legal issues please consult, from a person who is not interested in the case to advise u.… Read more »

john Telford
john Telford
7 years ago

The easist way to settle with this magistrate is to kill him simple as the . Catch him alone OMING THE TOILET OR COMING HOME FROM WORK OR BAR AND BEAT HIM PROPERLY . Same with the judge put the fear of god in him. he will resign and run away

Masozi Mwenifumbo
Masozi Mwenifumbo
7 years ago

Woe to you who twist justice, and call good evil good, and good evil, and oppress the poor in judgement. Woe to you who receive bribes and turn away justice from the deserving poor in favour of the high in status, the rich etc!!!!

Munthu
Munthu
7 years ago

Nkhani iyi nde mwayilimbikilatu hope a Nyasatimes you are happy now , somebody has been acquited not discharged so what

inayake
inayake
7 years ago

Judge Madise is very corrupt. The statement the accused gave to the Police was reason enough, but knowing the likes of Madise handling any case if you have money things will work in your favour. Even the Chief Justice has acknowledged many complaints and rumours surrounding the Judge. But then again, this Malawi. Madise will always rule in your favour if you have money.

DADA
DADA
7 years ago

NO RESPECT FOR WOMEN!

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