Malawi private body parts case: Judgement under review at High Court

The High Court in Lilongwe has started reviewing a court ruling by Magistrate Esther Phiri on a case where Samson Banda and Rosemary Nkhoma who were answering charges of causing grievance harm and possession private parts belonging to 45 year old Salim Ayidi.

Phiri, in December 2012, had sentenced Banda to 8 years imprisonment with hard labour on the first count of causing grievance harm and had acquitted Nkhoma on the same count.

She had however, fined the two K2000 on the second count of possessing private parts.

“The High Court on 11 January 2013 started reviewing the case in Lilongwe. Contact Central Regional Police Prosecution Officer Stewart Kaitano who was handling the case for more details,” said John Namalenga, Central Region Police Public Relations Officer (PRO).

Nkhoma: Was acquitted

Kaitano confirmed the development saying the High Court had called for documents for the case to review the sentencing.

“The high court has called for a review of the case. They are reviewing the sentences where the first defendant (Banda) was sentenced to 8 years for causing grievance harm and ordered to pay a fine of K2000, while the second accused (Nkhoma) was acquitted on the first count and fined K2000 on the second count. We are not part of the review process as it is done by court officials,” said Kaitano.

According to the central region police PRO, the state is not satisfied with the judgement passed by the lower court.

Banda and Nkhoma were arrested in Salima early April 2012 in connection with the mutilation of Ayidi’s private parts.

Nkhoma, a business woman had informed the police that Banda was offering her private parts but the police later arrested her too as an accomplice.

The case was transferred to Lilongwe after residents of Salima threatened mob justice on the two during the trial.

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