Court Sets Free Motorcycle Operator In Lilongwe


The Senior Resident Magistrate Court in Lilongwe has acquitted 30-year-old Cassim Ali, who was suspected to have stolen a motorcycle.

In court, Ali narrated that the motorcycle was impounded by four police officers in July 2020 who stopped him along the bypass road in Lilongwe. The offense at that time was that he was operating an unregistered motorcycle and was not wearing a helmet.

The officers according to Ali, did not disclose their names as they took his motorcycle. He later went to Area 3 police as advised to get the motorcycle back but it could not be traced. Ali then called his employer, William Mwase to inform him of the development, and asked that he should also assist in searching for the motorcycle.

The accused however explained that during the ordeal, his employer did not assist as expected despite pleading with him to go to Area 3 police together in search of the motorcycle.

Six months later, Ali was arrested and taken to Area 36 police since the employer complained that the bike was stolen. At the police unit he still denied the charges.

The court denied him bail despite making three applications and three state witnesses were paraded to prove the charge of theft by servant. The accused was found with a case to answer and at the defense stage, he was represented by a lawyer from Legal Aid Bureau.

After making his defense, Senior Resident Magistrate Wanangwa Nyirenda found that the state had failed to prove the elements of the case beyond reasonable doubt. In the court’s final ruling on 28 November 2022, legally aided Cassim Ali was released immediately.

“It has taken a while to get the matter concluded, but I’m glad Legal Aid Bureau was on my side at the most critical time leading to my acquittal,” said Ali after the court session.

Credit to Legal Aid Bureau Malawi

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Edgar Naitha
Edgar Naitha
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