The High Court in Thyolo, Malawi, has acquitted 35-year-old Zichepe Jimmy of murder charges. Jimmy was accused of killing Isaac Muhula between March 12 and 13, 2022, in Chibwana Village in the same district. The prosecution alleged that Jimmy and an unidentified individual attacked Muhula, stealing his mobile phone. However, the court found that the prosecution failed to establish a prima facie case.
The court’s decision was based on several concerns regarding the credibility and reliability of the prosecution’s evidence. The prosecution relied heavily on Muhula’s alleged dying declaration, which named Jimmy as one of his assailants. However, the court noted discrepancies in the evidence, including the failure to identify the second assailant and the lack of corroborative evidence linking Jimmy to the crime.
The court also highlighted the prosecution’s failure to investigate further, such as tracing the allegedly stolen phone, which could have validated the claim. Moreover, the court observed contradictions between the prosecution’s version of events and the medical evidence. The postmortem report revealed that Muhula died from wounds inflicted by a panga knife, whereas Jimmy allegedly confessed to hitting him with a stick.
In its ruling, the court found that the prosecution failed to prove the essential elements of the offense, including the direct link between Jimmy and the injuries that led to Muhula’s death. The court also found that the prosecution failed to prove the required intent for a murder charge. Therefore, Jimmy was acquitted of the charge of murder.
Source: Malawi Legal Aid Bureau
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