𝐂𝐨𝐮𝐫𝐭 𝐀𝐜𝐪𝐮𝐢𝐭𝐬 𝐅𝐨𝐮𝐫 𝐒𝐞𝐜𝐮𝐫𝐢𝐭𝐲 𝐆𝐮𝐚𝐫𝐝𝐬 𝐢𝐧 𝐀𝐬𝐬𝐚𝐮𝐥𝐭 𝐂𝐚𝐬𝐞

The Senior Resident Magistrate’s Court in Kasungu has acquitted four security guards who had been accused of assault occasioning actual bodily harm.

The four accused persons, Lusungu Phiri, Bomalayitana Watison, Kefeyani Banda, and Chimchere Phiri, are employed by the Community Development Institute (CDI). They were arrested on allegations that they had assaulted a man who was reportedly found uprooting trees from a hill within Mpasadzi area.

The incident occurred when the four security guards were supervising a tree-planting exercise involving approximately 500 people from villages surrounding the Mpasadzi Scheme. During the exercise, Mr. Boston Phiri was allegedly seen uprooting some of the trees planted by the villagers. His actions angered members of the community, who descended on him and assaulted him.

Upon noticing the situation, the security guards intervened and rescued Mr. Phiri from the mob. They then escorted him to Chatoloma Police Unit and later to a hospital where he received medical treatment.

However, about two weeks after the incident, Mr. Phiri reported to the police that the four security guards were responsible for the assault. This led to their arrest and subsequent prosecution.

Following their arrest on 3 March 2026, relatives of the accused persons approached the Legal Aid Bureau office in Kasungu seeking legal representation. The four were represented by Principal Legal Aid Advocate Lusekero Kisyombe, with assistance from Legal Aid Officer George Luwayo.

During trial, the prosecution alleged that the accused persons had assaulted the complainant. In response, the defence highlighted significant inconsistencies and evidential gaps in the State’s case.

After a full trial in which the State called four witnesses and the defence presented testimony from the accused persons together with supporting eyewitnesses, the Court found that the prosecution had failed to prove its case beyond reasonable doubt.

In its judgment, the Court observed that the evidence before it established that the accused persons had, in fact, rescued the complainant from an angry mob, escorted him to the police unit, and later to the hospital.

The Court accepted the consistent defence evidence, corroborated by eyewitness testimony, that the complainant had been assaulted by villagers and not by the accused persons.

Accordingly, the Court found all four accused persons not guilty of the offence and ordered their immediate release.