Following High Court in Lilongwe acquittal of four youngsters who were suspected of murdering their friend Kottana Chidyaonga, the State prosecutors are lodging an appeal at the Malawi Supreme Court.
Judge Thomson Ligowe ruled that despite that a pesticide, Termik, was found in the deceased body, the state did not prove beyond reasonable doubt the time it was injected and who exactly administered the poisonous substance.
“I, therefore, find that that no case has been made out against the accused persons to require them to make their defence. They are acquitted, “ruled judge Ligowe.
All the four, namely Ekari Daniella Chaweza, Gilbert Kalamiza, Timothy Mtilisanje and Diana Bhagwanji broke down in tears after they walked out of the courtroom.
But Chief State Advocate, Dr. Steven Kayuni leading the prosecution team, described the judgement as travesty of justice and that the ruling of no case to answer is shockingly inappropriate.
Kayuni said there is a serious error in law that has to be corrected.
“It is a travesty of justice. We have carefully read the judgment of the honourable Justice of the High Court, and we respectfully disagree with the findings,” he said.
“There is a serious error in law that needs to be revisited. The State is only allowed to appeal a criminal matter on the point of law. The State will pursue the matter in the Supreme Court of Appeal’s full panel on 7 grounds of appeal,” said Kayuni.
The four accused persons had earlier on told their story as a snake bite and that Kottana had died of venom from a poisonous snake.
The State paraded 13 witnesses including two pathologists, Dr Charles Dzamalala and Professor George Liomba, two medical doctors and a nurse.
Mtilosanje was the deceased’s boyfriend while Bhagwanji was among the friends who were with Chidyaonga on the day she died.Follow and Subscribe Nyasa TV :