High Court Acquits Murd3r Suspect Over Lack of Evidence in Thyolo

The High Court sitting in Thyolo, has acquitted 35-year-old Zichepe Jimmy of murder, following a ruling that the prosecution failed to establish a prima facie case. Jimmy had been facing a charge of murder contrary to Section 209 of the Penal Code in connection with the death of Isaac Muhula, which occurred between 12 and 13 March 2022 at Chibwana Village, Traditional Authority Nchilamwera in Thyolo District on his way home from the market.

Jimmy, who was arrested on 19 February 2024 at his parents’ home, accessed legal aid and was represented by Senior Legal Aid Advocates Doreen Kawisa and Prisca Masumba during the trial. He pleaded not guilty to the charge of murder.

In Court, the prosecution called three witnesses to support its case. The first witness, the deceased’s uncle, testified that the deceased had made a dying declaration to him, alleging that Jimmy and another unidentified individual had attacked him and stolen his mobile phone. The second witness, the deceased’s wife, gave a similar account, claiming that her husband named Jimmy and his associate as his assailants. The third witness, an investigating officer, testified that Jimmy had voluntarily surrendered to police and admitted to hitting the deceased with a stick after finding him inside his house at night. According to the officer, Jimmy stated that he was the only person who assaulted the deceased.

In delivering its ruling, the Court raised several concerns regarding the credibility and reliability of the prosecution’s evidence. The Court noted that the prosecution had heavily relied on the alleged dying declaration of the deceased but had failed to clearly identify the second assailant, or to directly place Jimmy at the scene of the crime. Furthermore, the witnesses failed to provide any corroborative evidence linking the accused to the act of murder.

The Court also highlighted the lack of investigative diligence, noting that no effort was made by the prosecution to obtain telecommunications data to trace the alleged stolen phone, which could have validated the claim that Jimmy took it from the deceased. This failure, the Court noted, cast doubt on the prosecution’s argument regarding motive and involvement.

The Court also observed discrepancies between the prosecution’s version of the events and the medical evidence. While Jimmy allegedly confessed to hitting the deceased with a stick, the postmortem report revealed that the deceased died from wounds inflicted by a panga knife at close range. This contradiction suggested that the prosecution could not definitively establish the weapon used, nor the manner in which the fatal injuries were sustained.

In its ruling on the submission of no case to answer, the Court found that the evidence presented did not establish a direct link between Jimmy and the injuries that led to the death of the deceased. It also found that the prosecution failed to prove the required intent for a murder charge.

In conclusion, the Court stated that the prosecution failed to prove all the essential elements of the offence and therefore Jimmy had no case to answer. He was accordingly acquitted of the charge of murder.

Copied:Malawi Legal Aid Bureau