High Court acquits 5 Malawi police officers jailed for robbery
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.
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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This is a wrong judgement
Time is an ambush. Its just a matter of time. Will be exposed and the truth registered.
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
ZACHIBWANA IZI
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.
DO NOT READ THIS ,BECOUSE IT MEANS ABSOLUTELY NOTHING (YOU WERE WARNED!!!)
a madise nanu pamenepa nde mwapalatu, choncho asiya kutibela? enanso will follow suit.
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.
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.
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!