R v Afaki and Athers (126 of 2007) [2007] MWHC 122 (18 December 2007)

IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CRIMINAL APPEAL NO. 126 OF 2007 FONI AFAKI………………………………………… 1ST APPELLANT MEDSON KAMPHINDA………………………….. 2ND APPELLANT BILLY WILLIAM…..………………………………. 3RD APPELLANT -AND- THE REPUBLIC …………………………………….. RESPONDENT From the First Grade Magistrate Court sitting at Salima being criminal case no. 67 of 2007. CORAM: HON. SINGINI, J Khunga, Counsel for the state Appellants, Unrepresented Mr Chulu, Court Interpreter JUDGMENT The court is satisfied that the conviction was not properly granted and agrees with the state in opposing the conviction. The court therefore proceeds to sumarily allow the appeal against conviction and to set aside the conviction and sentence. Pronounced in Chambers of this 19th day of December, 2007. E. M. Singini, SC JUDGE