Insufficient Evidence Results in Discharge of Three Murder Accused in Malawi

Three men were discharged of murder charges in Ntchisi, Malawi, due to insufficient evidence in the murder of Joseph Edward Banda. Despite being held for nearly two years, witness testimonies were not enough for a conviction, leading to their release.

In the Ntchisi district, three men—Josephy Gladwell Master, Yohane Petro, and Paul Francisco—were discharged from murder charges due to insufficient evidence pertaining to the death of 63-year-old Joseph Edward Banda. Banda was reported missing after a drinking spree in Kadzimete village in June 2023, only for his body to be found the following day in a maize field with multiple stab wounds.

The investigation led to the arrest of the three suspects who maintained their innocence. Although witness testimonies placed them at the scene, there was no direct evidence linking them to the murder. As a result, the suspects were remanded at Ntchisi Prison while awaiting trial. Assistance from the Legal Aid Bureau enabled them to secure representation from Senior Legal Aid Advocates Jacqueline Nthaniko and Chanju Kondowe.

One key witness testified seeing Banda, who appeared intoxicated, on the evening of June 2, 2023, and noted encountering the three suspects who were moving in the same direction as him. Following careful review, the State concluded that the evidence was insufficient for a conviction, prompting the decision to discontinue the case. Consequently, the accused men were released after nearly two years of incarceration.

The case highlights the significant legal principles surrounding the burden of proof in criminal trials. Despite witness accounts, the absence of direct evidence ultimately led to the discharge of the accused men. This situation underscores the essential role of legal representation in ensuring justice and the importance of adequate evidence in securing convictions.

Original Source: malawi24.com