R v Mapila (Criminal Case 29 of 2017) [2017] MWHC 821 (25 October 2017)

;' . REPUBLIC OF MALAWI MALAWI JUDICIARY IN THE HIGH COURT OF MALAVVI MZUZU DISTRICT REGISTRY SITTING AT RUMPH! CRIMINAL CASE NO. 29 of 2017 THE STATE Vs PETER fv'lAPILA CO RAfv'1: THE HO NO RABLE JUSTICE T. R . LIGO WE ;Vir. D. Shaibu Couns8! fo r t h e Sta te Mr. C . Chithope/N. Mdaziziro Counsel for the Defence f'v~rs . L. E. /v'1untholi Official Int erpreter ,V,rs . R. Luhongo Court Re port er LI GO WE, J OR DER Th is C our1 :s not irT1pre ss ed wiih the \NO:k of tr1e in v e stigators for this cas e. It was to soy cn e le a st S'Jb-stondard work . Wh y did they arrest the a ccus e d wh e n there was nothing connecting him to the offence? Or have they deliberately w itr1held the evidence to avoid the culprits from being brought to book? It is clear from the facts that the deceased was killed by a mob. If the police do not properly investigate such matters and pin the culprits, how shall we discourage the anomaly that comes along with mob justice? Word must go to the Officer-In-Charge at Rumphi Police Station to look into this seriously. They ore responsible for keeping law and order in the district and they must not allow mob justice to prevail. Sometimes it prevails because people are not satisfied with their work as it hos happened in this manner. This was homicide case. How casually then would they handle less serious coses than homicide. The facts as shown by the evidence do not connect the accused to the offence. He is therefore found not guilty and is acquitted accordingly. Pronounced in Open Court at Rumphi this 25th day of October, 2017. T. R . Ligowe JUDGE 2