Sex conviction crumbles as age-switch mystery rocks court

A High Court judge in Lilongwe has ordered the immediate release of a man who was jailed for 16 years after being tried as an adult, when he was in fact still a child.

The man, identified only as CM, was convicted after pleading guilty to having sexual intercourse with a 12-year-old girl in Dedza District.

The charge sheet recorded him as 22.

But the High Court found the figure had been changed from 17 without any recorded inquiry or explanation.

The discrepancy first came to light at confirmation proceedings on June 10, 2026.

Senior State Advocate Edward Partridge, representing the Director of Public Prosecutions (DPP), raised concerns about CM’s youthful appearance.

Senior Legal Aid Advocate Levison Seyani, who represented CM on behalf of the Malawi Legal Aid Bureau (LAB), shared the concern.

The court then ordered a medical age assessment, which was carried out at Kamuzu Central Hospital on August 20.

Doctors found he was 17 at the time of the examination.

That meant CM was a minor when the alleged offence took place, and when he was arrested, tried and sentenced in October 2025.

The Director of Public Prosecutions then conceded the error. It agreed that the proceedings were invalid and asked the court to quash the conviction and free him without a retrial.

The judges were scathing about the lower court’s handling of the case.

By trying a child under ordinary adult procedure, it had acted without statutory jurisdiction, the High Court said, and the proceedings were “null and void.”

The court also found the guilty plea flawed, with no evidence the charge had been explained to him in simple language.

The conviction has been quashed, the 16-year sentence set aside, and CM is free to leave custody.