Kasungu Court Acquits Four Men Accused of Arson and Theft

The First Grade Magistrate’s Court in Kasungu has acquitted four men who had been accused of arson and malicious damage after spending nearly a year in custody.

The accused, Mickson Mainala, Billy Misheck, Mickson Gama, and Enock Devson, were arrested on October 8, 2024, in connection with allegations that they set fire to the house of Grace Chimaimba Mbewe and destroyed trees valued at MK595,000 in Nsiwa Village, Kasungu District, on August 5, 2024.

They were charged with arson, contrary to Section 337(a) of the Penal Code, and malicious damage, contrary to Section 344(1).

Represented by Principal Legal Aid Advocate Lusekero Kisyombe of the Legal Aid Bureau, the accused argued that they could not have committed the crimes as they were attending a funeral in Chinkanda Village, Traditional Authority Wimbe, at the time of the incident.

During the trial, the State paraded three witnesses, after which the Court initially found the four with a case to answer. However, at the close of the case, the Court agreed with the defence that the prosecution had failed to prove its case beyond reasonable doubt.

On the charge of arson, the Court ruled that the identification evidence was unreliable since prosecution witnesses claimed to have identified the accused only by the light from the fire. The Court also noted the State failed to clarify the specific roles allegedly played by each of the accused.

On the charge of malicious damage, the Court observed that the prosecution did not present key testimony from the investigator and the complainant, leaving the allegations unsubstantiated.

As a result, the Court acquitted all four men on both counts, ending their prolonged detention after their earlier bid for bail was denied.

Source: Malawi Legal Aid Bureau