By Thomas Kachere & Tiyese Monjeza:
The High Court sitting in Zomba has sentenced police officer Twalick Mpaweni to 24 years imprisonment with hard labour for having sex with a 14-year-old girl.
High Court Judge Dick Sankhulani handed the sentence to the 37-year-old police officer yesterday.
The court heard that Mpaweni committed the offence on the night of August 27, 2023 at Kachulu Police Post in Zomba, where he was working.
State witnesses told the court that Mpaweni had sex with the girl while she was in police custody, where she was kept for alleged theft.
The State presented 11 witnesses who included the girl and police officers.
The defence paraded four witnesses in the case.
The matter was initially being heard in the Zomba Principal Magistrate Court.
It was then committed to the High Court for sentencing on January 10 this year, after the subordinate court convicted Mpaweni.
During sentencing, Sankhulani said the case was serious in nature, such that Mpaweni deserved a lengthy custodial sentence.
He further said he had taken into consideration the aggravating factor that the offence was premeditated.
Sankhulani also said he had taking into account Mpaweni’s mitigating factor that he had lost his job at the Malawi Police Service following his conviction.
In an earlier court hearing, defence lawyer Hanleck Ching’anda had prayed for a custodial sentence of 18 years while State lawyer Rodney Mkweza pleaded for a sentence of 45 years.
After the rulling, Ching’anda said he would wait for instructions from his client.
“I will wait for instructions from my client and see if we can appeal this case,” Ching’anda said.
Meanwhile, human rights defenders are celebrating the jailing of Mpaweni.
The incident occurred in 2023 when the victim was taken into police custody for allegedly stealing clothes.
Mpaweni, who was on duty, approached the girl and demanded that she have sex with him in exchange for her freedom.
The victim’s story was first covered as a ‘Friday Shaker’ article in The Daily Times, sparking widespread outrage and calls for justice.
Police spokesperson Peter Kalaya assured the public that the police would not shield any officer who would be found guilty of wrongdoing.
True to his word, Mpaweni was arrested, tried and convicted of defilement.
Human rights lawyer Ruth Kaima welcomed the sentence, saying it has sent a strong message to law enforcers that no one is above the law.
“This is what we wanted. At the end of it, we expected to see this girl getting justice,” Kaima said.
Peter Lemani, a resident of Kachulu, also said justice had finally been served.
However, Mpaweni was acquitted of the charge of aiding a suspect to escape from lawful custody.
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