State has withdrawn a case against Senior Chief Mtwalo where he beat up a police officer Thomas Chirwa on October 26, 2020 at Monomo in Mzimba.
During hearing of the case which commenced on October 29, 2020 after the chief handed over himself to police a day before, the complainant told the court that he set up a road block with other officers at Monomo at around 7 pm where Senior Chief Mtwalo drove by.
Chirwa said the officers opened the road block for the chief to pass but he told his driver not to do so.
“Instead the chief called me to his car and asked why I was denying some people in his area to build shops,” he said.
Chirwa added that; “I denied the accusations and the senior chief decided to open the door of his car. I wanted to help the chief to open the door but he asked me why I did so and he punched me in the face.”
The complainant however told the court that he did not want the case to continue.
“I am withdrawing the case so that the issue can be sorted out of court because I regard the senior chief as my parent as well as he is my chief and also being a God fearing person I have forgiven the senior chief,” Chirwa said.
He pleaded with the senior chief to learn to treat civil servants working in his area well and with respect.
The state prosecutor said there was no problem with the case being withdrawn because it is was a temporally withdrawal according to section 81 sub section A of the criminal procedure which states that the state has liberty to re-open the case within 12 months, incase of anything.
Mzuzu Resident Magistrate Court, Principal Resident Magistrate, Paul Chiotcha said he has no objection of the withdrawal of the case and agree with the application made by the state under section 81A of the criminal procedure.
On his part lawyer for senior chief Mtwalo, Victor Gondwe of John Tennson Associates, said what the state did by applying for the matter to be withdrawn through the complainant is very much allowed according to section 81 sub section A of procedure of evidence court.
“So for now the accused has been discharged because now there is no case to answer but the state is at liberty to re institute the same case within one year after one year then it will be an acquittal,” he said.Follow and Subscribe Nyasa TV :