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.Follow and Subscribe Nyasa TV :