High Court acquits 5 Malawi police officers jailed for robbery

February 19, 2016  Chancy Gondwe –Nyasa Times 23 Comments

The High Court in Mzuzu on Wednesday acquitted five police officers who Chitipa Magistrate Court convicted to seven years imprisonment with hard labour for robbery.

Judge Dingiswayo Madise: Acquits the cops
Judge Dingiswayo Madise: Acquits the cops

The officers, who were all serving at Chitipa Police Station, reportedly stormed Mpelachisa Resthouse in the district during the night of March 22 last year, armed with an offensive weapon and robbed businessperson Mistone Chiona of K450 000 cash.

Despite Chitipa Magistrate Court convicting the five for robbery contrary Section 301 (2) of the penal code, they have been set free following an appeal by their lawyer Christone Ghambi.

Justice Ndingiswayo Madise said after going through the evidence tendered to him, there was no solid evidence against the appellants.

Said Madise: “I fail to  believe that five police men can connive to rob only one room at a resthouse while in their uniform.”

According to the ruling which Nyasa Times has seen, Madise said: “the law calls on us to enter a conviction only where there is evidence beyond reasonable doubt. Where is the slightest amount of doubt the law demands that we exercise that doubt in favour of the accused and an acquittal must be entered without hesitation.”

The ruling adds: “The trial court in this matter could have exercised that doubt in favour of the appellants. The convictions are therefore quashed and the sentences are set aside; all the five appellants must be released unless the state is holding them on other charges.”

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23 replies on “High Court acquits 5 Malawi police officers jailed for robbery”

  3. I think mob justice z the best than this….i can see he has pocketed a money….and they hav remained with one court in heaven

  5. It’s always un understandable to any layman when it comes to issues related to laws of courts to those that cannot afford to hire a lawyer it is much worse too.

  8. I fail to understand the reasoning of the learned Judge, can’t five people connive to steal, let alone steal from one place, (If they rob me my neba too), and dressing can not deter some from stealing. I fail to understand the Judges reasoning please xool me.

  9. This is stupid judgement made by a stupid judge. should the police rob the whole rest house to justify enough evidence. the facts were that these people came and robbed one person and they were convicted of that without shadow of doubt. so what were they doing in a commercial place in uniform and what were they doing with mr. chiona? helping him or protecting him and why only go to his room? this is a corrupt judge at all accounts defending the strong and victimising the weak.

  10. What is the learned Judge trying to say? I fail to understand, is he saying that 5 people can not convive to steal or worst still to rob. He wants to say that uniformed people can not rob? I failing to understand his reasoning here!

  12. Ok! Thats why I strongly believe in asing’anga than these learned judges and security people. Ine ondibela amngofa ziwalo mpaka kufa, osati za evidence beyond doubt zanuzo.

  14. Well, much i respect Justice Dingiswayo on other critical cases that he has handled in a professional manner, BUT this case My Lord Justice u let me down.

  15. Five Police officers from the same station can’t set out to rob at a time. They can and surely they do so when they are on other errands. Obviously it could be possible that they did so in the disguise of the vagabond or security operations. Police is really robbing the general public and once the victims report such cases to the same police stations for help and protection there is usually total resistance from these stations to protect the victims. Please lawyers, when handling appeal cases, try to critically examine those lower courts verdicts and judgements before you pass yours otherwise, don’t look so clever and knowledgeable enough over your collegues judgements.
    The lower court justified its judgement since it used first hand witness. You are wrong Dingiswayo! Apolisiwo anaberadi kasitomala wa Resthouseyo, or else you want to tell us that Chitipa Police Station hires its uniform and arms to the robbers.

  19. Kodi ku Mgabu or Chitipa sitingamangeko ma High court judge ameneyu azikagwirila kumeneku, seems opa Mzuzu aliyense pamuphwekera koz of Madiseyu!! Paja a Malawi timamva nkhangwa ili mmutu!!! what goes around comes around azibambo!!

  20. This is correct, it is impossible that 5 uniformed Police officers can storm together to steal from rest house. Bravo Dingiswayo you are the next Chief Justice. Just work hard.

  21. kkkkkkk,ndekut jaji winayo umboniwo unamukwanira??????kusonyeza kut anthu amene samapanga apilu akugwra ukaidi osalakwatu apa….

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