Senior Resident Magistrate Court in Zomba Thursday convicted Sakata Police Unit Officer In Charge, Sub Inspector, Luciano Tepani, 27, for beating a 16 year old, Mustafa Elias until the boy lost his left eye, during interrogation on allegation that he stole a cellphone from a lady at Sakata area in Zomba.
The boy was arrested with his two friends on January 25 this year on allegations that the boys stole a mobile phone from Agness Duwa.
According to submission read in the court by Senior Resident Magistrate Maxwell Chande, Sub Inspector Tepani interrogated the three boys until he picked a metal pipe and heat Mustafa on his left eye resulting into serious damage and Mustafa asked for mercy but Tepani told him that he was not yet done with him.
On their release on January 27 his friends escorted Mustafa home with his hand holding his bloody and damaged left eye, to the disbelief of his parents who later asked for police report before taking their son to a healthy center.
The court heard that Tepani refused to give the boy police report saying he had no papers to produce the report prompting the parents to seek medical attention without police report.
The boy was taken to Makwapala Healthy Center where he was referred to Zomba central hospital for further medical attention, according to Senior Magistrate Chande.
After several eye examinations, experts at the Zomba Central hospital recommended removal of Mustafa left eye to avoid complications to that could lead to further infections, according to submissions read in the court which also implied that Mustafa went home with one eye.
Mustafa, his two friends told the court during early hearing that it was Tepani who hit him with a metal pipe to force him to accept theft of the mobile phone.
Before convicting Tepani, Senior Resident Magistrate Chande said the court considered where there was grievous harm, whether grievous harm was caused by Tepani or whether the police.
In the preliminary hearing Tepani pleaded not guilty and had no witness on his part to counter the accusation of grievous harm contrary to section 238 of the penal code.
Eastern region prosecution officer, Senior Supritendent, Christopher Katani told the court that Tepani has damaged the reputation of Malawi Police Service and that he needs to be dismissed from the service to be given a custodial sentence to ensure he get reformed into a better citizen.
In mitigation he however told the court that he has a wife and cares for grandparents and brothers, he also asked the court to be lenient with him because he is first offender and that he recieves medical drugs from pysychatrics.
Mustafa comes from Nanyanga village, Traditional Authority Kutumanji in Zomba while Tepani comes from Govati village Traditional Authority Govati in Mwanza
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