Malawi court frees man who slashed fingers of boyfriend to ex-wife
The Balaka Second Grade Magistrate Court has set free a 34-year-old man who allegedly chopped off his friend’s fingers.
Police Prosecutor Constable Kester Mame told the court that Patrick Minandi 34, unlawfully chopped three fingers of Madalitso Bakisoni last October with a panga knife when he went to visit his girlfriend who was an ex-wife to Mame.
Minandi pleaded not guilty to the charge of grievous harm which is contrary to section 238 of the Penal code a development that forced the Police to parade three witnesses including the investigator Detective Inspector Cecilia Matako and lady in question Alefa Mahata.
They all openly told the court that the suspect was her ex-husband and after he divorced her, the lady fell in love with the victim but when the suspect noted that the lady has found another man, he started pleading with her for re-union.
The witnesses told the court that the day when Bakisoni visited his girlfriend, Minandi who was armed with a panga knife, found the two charting outside the house and wounded the victim, in the process chopping off thre of his fingers.
The victim was rushed to Nkaya Health Centre and he was referred to Balaka District Hospital where he was admitted for two weeks.
Second Grade Magistrate Maxwell Boaz found the suspect with a case to answer and he paraded one defense witness . However, the court dismissed the evidence saying “the defense witness was giving a false testimony.”
In his submission before judgment, Prosecutor Constable Kester Mame asked the court to consider giving the suspect a stiffer sentence. He said the victim sustained a permanent disfigurement as he completely lost three fingers.
“The suspect depends on piece works and the chopping off of his fingers means that he will not be able to work as he used to do; and that the victim is still in great pain as the remaining two fingers have open wounds,” said Constable Mame.
He therefore said the suspect deserves a stiffer sentence considering the seriousness of the offence which attracts a maximum sentence of fourteen years imprisonment with hard labour.
In mitigation, the suspect asked for leniency saying he is a first offender and has children to look after.
Passing judgment, Second Grade Magistrate Maxwell Boaz said the state proved the case beyond reasonable doubt that the suspect really committed the offence; but considering the statement of the suspect which said the lady in question was his wife, the court found that the victim was to blame for going out with a married lady and then discharged the suspect (set him free) under section 337 of Criminal Procedure and Evidence Code.
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Zoona, Anyamata alero amafuna kunyenga azikazi aweni kusokoneza mabanja aweni pamenepo anagamula muchilungamo ndizovuta zedi kupeza mkazi wako ali ndi wina mutu biiii! Umuluphira zedi. Anyamata Inu funsilani mkazi yemwe alibe mamuna, azimai ndi ambiri alibe azimuna.
Was the claimed divorce not proven???? If not, was the grievous bodily harm warranted by the chatting with the lady?? The victim should appeal. The court was being moralist here…
good judgement indeed. dont go for other pipo’s spouses; married or separated, uzafera gunkha.
kodulidwa zalako kakuoneka ngati kokwatila kale ndiyenso kamazembera mkazi wakenso
Yes of course the victim was wrong having an affair with undivorsed woman,the husband still deserve alittle punishment for putting the victimized disability which wil affect his day to day lifetime until death. Why did the judge skip this?
Muzikhapidwa choncho inu onyenga akazi aweni mxiiii. U make the husband lose temper, katundu ameneuja siogawana mwachisawawa muferapo. Zala zitatu zokha? Amayenela kuphedwa kumene!
poor judgement indeed…oweruza akutiphuzitsa ndikutilimbikitsa kuphwanya malamulo…no matter the circumstance but the chopper was supposed to punished backed by the law. ..anthu azingophana basi oweruza azingoti amayenda ndi mkazi wamwini uyu zake
Akadamupha, could he receive the same judgement?
ku Malawi Always ziphuphu basi.
Your worship Boaz. I salute you sir. This is the very best of judgments I ever heard. The procedure should be followed. Banja limathela ku khothi other wise she was still married. A Malawi chonde si onse olakwitsa amene ndiwolakwa. Bravo bwana Maxwell Boaz!!!
This story is parading my whole inteligency,
1, kutha kwabanja amakuvomereza kukhothi basi kapena mboni zitatu achibale kapena ankhoswe ose ochokera mbali zose.
2, pa nkhaniyi padalibe umboni womveka bwino wosonyezadi kuti banja idatha,
3, judge sadalikwise amalawi tiphunzire kusata ndikuwaziwa malamulo a mmene tingakhalire
4, conclusion, mkaziyo panopa asankha ndani woduka zalayo kapena wankhanzayo?