๐๐ข๐ฐ๐จ๐ง๐๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐ช๐ฎ๐ข๐ญ๐ฌ ๐๐๐ง ๐ข๐ง ๐๐ฎ๐ซ๐ ๐ฅ๐๐ซ๐ฒ ๐๐ง๐ ๐๐ก๐๐๐ญ ๐๐๐ฌ๐
Published on May 7, 2026 at 12:30 PM by Edgar Naitha
The Senior Resident Magistrateโs Court sitting at Liwonde has acquitted 28-year-old Patrick Julius in a burglary and theft case after finding that the prosecution failed to establish a prima facie case.
The accused was charged with two counts of burglary and theft arising from an alleged incident that occurred on 8 February 2026 in Msamati Village, under Traditional Authority Nsamala in Balaka District. He was arrested on 15 February 2026 on suspicion of breaking into a house and stealing two smart TVs, a microwave, two pairs of shoes, a subwoofer, and a mobile phone.
Following his arrest, the accused sought legal assistance from the Legal Aid Bureau and was represented by Counsel Lovemore Gama Ngwira with assistance from Chief Legal Aid Advocate Raphael Makanje.
During the trial, the State called three witnesses in an effort to prove its case. However, at the close of the prosecutionโs case, the defence made a submission of no case to answer, arguing that the evidence presented was insufficient to link the accused to the alleged offences.
In particular, the prosecution failed to call material witnesses essential to its case and did not present key exhibits allegedly recovered from the accusedโs house. These omissions created significant evidential gaps and undermined the prosecutionโs case, leaving the evidence on record insufficient to warrant placing the accused on his defence.
In its ruling, the Court agreed with the defence and held that the prosecution had failed to meet the legal threshold required to put the accused on his defence. The Court further observed that none of the witnesses provided direct or reliable evidence placing the accused at the scene of the alleged crime or in possession of the stolen property.
In light of these shortcomings, the Court found that no reasonable tribunal, properly directing itself on the law and evidence, could convict the accused if called upon to make a defence.
Accordingly, the Court found that Patrick Julius had no case to answer and acquitted him.