Court Acquits Form 4 Student Accused Of Housebreaking and Theft in Zomba

The Senior Resident Magistrate’s Court sitting at Mulunguzi in Zomba has acquitted a 20-year-old Form Four student from Likangala Secondary School, Brian Njenjema, who was facing charges of housebreaking and theft.

Brian was alleged to have broken into his neighbour’s house in Mangasanja, Traditional Authority Malemia in Zomba, and stolen several items, including clothes, a shoe, a radio, and a wall clock.

He was arrested on 19 February 2024 at his parents’ home. The accused accessed legal aid through his parents and when granted, he was represented in Court by Senior Legal Aid Advocate Chibamahara Msyale with assistance from Legal Aid Officer Miriam Kaunda.

During the trial, the State paraded three witnesses who testified that the accused had committed the offence.

However, the defence through Counsel Msyale, which also paraded three witnesses, successfully argued that it was, in fact, the complainant’s wife who broke into the house.

The defence demonstrated that the wife had a domestic dispute with the complainant and was seen throwing various household items outside the house. Some of these items were later seen with children in the neighbourhood who were playing.

In its ruling, the Court found that the prosecution failed to prove the case beyond reasonable doubt. The Magistrate agreed with the defence’s position, noting that eyewitnesses had confirmed it was the complainant’s wife who broke into the house. Consequently, Brian Njenjema was acquitted of all charges.