17/04/2021
*THE FOLLOWING CASE GOT COMPLETED TODAY, THE 16TH APRIL, 2021, AT MZIMBA SENIOR RESIDENT MAGISTRATE COURT BEFORE HIS WORSHIP MATHEWS MSISKA SITTING AT MZIMBA*
*OFFENCE*
*R**E, CONTRARY TO SECTION 133 OF THE PENAL CODE.(CAP. 7:01 OF THE LAWS OF MALAWI)*
*ACCUSED*
*MR. GODRICK NKHOMA, 38 YEARS, FROM KAIGANGIRE VILLAGE, T/A CHINDI, MZIMBA, OCCUPATION: TEACHER, C/O KAPANDO CDSS, EUTHINI, MZIMBA.*
*Defended by counsel Chris Kolezi Phiri of Legal Aid Bureau, Mzuzu office*
*VICTIM*
*A form three female student, kapando CDSS, euthini mzimba*
The senior resident magistrate court has today sentenced the accused person to serve a jail term of 12 years I. H. L. effective 12 November, 2020, the day he was arrested.
Brief facts of the matter are that on the material date the victim was called by the accused into school staffroom as she was knocking off from school where he r***d her.
The victim reported the matter to her in-law at her home village who latter informed the mother of the victim.
The mother of the victim together with other people went to confront the teacher who denied ra**ng the victim.
Consensus was reached that the victim be taken to *Kabwafu health centre where a medical assistant officer Mr James Kokonongwa treated and examined the victim. He gave her medication* without prescribing anywhere.
On 12th November, 2020 the victim developed some side effects which prompted the mother of the victim to report to shepherdness who happens to be a member of community mother group. The shepherdness reported the matter to *Tikondane CBO*
By then, some members of Mzimba Community Radio & MACOHA were at the CBO on Civic Education on issues concerning *GENDER BASED VIOLENCE* Sponsored by *UN-WOMEN* who alerted Euthini police unit who arrested the accused and the whilstle blowers proceeded to Kabwafu health centre for medical report from the medical officer. The report indicated that the victim was r***d.
In court accused pleaded not guilty to the charge. State paraded 7 witnesses to prove it's case. But the 5th state witness , the medical officer a *Mr. James Kokonongwa*, when was asked to say anything on the medical report which the state presented, surprised the state when he denied the authenticity of the medical report claiming that he was under duress of the whilstle blowers, he produced another report which was served to the defense counsel prior to trail, which had negative result. He went further by tendering the second medical report which was written on *18th November, 2021.* He emphasised that this is a true reflection of what he found. Cross examined as to why he gave the victim medication whilst knowing that the result was negative? The M.A state that he did so because the victim insisted that she was defile
On close of prosecution case, court found accused with a case to answer after state proved it's case beyond reasonable doubt.
The defense lawyer registered 5 witnesses but paraded 3 and closed it's case.
On submission for court to convict the accused person on judgement, state prayed to the court that there is enough evidence warranting the accused person to be convicted whilst the defense counsel challenged that the only state witness who was competent enough is the medical officer who examined and treated the Victim since he found that the victim was not r***d.
On his ruling the trying magistrate court agreed with the state that there was sufficient evidence for the accused to deserve conviction. Accused was then convicted.
On factors aggravating the offence state informed the court that:
* the victim deserves custodial sentence considering that he was a teacher who could have played a pivotal role of parental care in protecting the girl child than exploiting and abusing by ra**ng her.
* from evidence it shows that it was a calculated move since he called the girl into the staffroom while she was in company of her two friends only pretending to beg her mango *za dudu* and complimenting her on her coming to school for night prep. eventually ending up ra**ng her.
* State bemoaned the malpractice shown by the medical officer who accepted to be in friendship with the guys who escorted the victim to kabwafu health centre as well as the accused person as they drink together on market days at kapando trading center.
* State prayed stiffer punishment as the case is becoming rampant in the country.
In mitigation defense counsel prayed for linient sentence as the convict is a first offender,
* He has lost his his jobs and benefits due to conviction,
* He has family obligations,
*Defense counsel prayed for non custodial sentence saying that he has been remorseful and coorperative right from investigations and trial,
* If the court is to give him custodial sentence then it shouldn't be more than 36 months.
In sentencing the convict,
*the court agreed with the state that the convict deserves a custodial sentence as he was a teacher who could have protected the girl student,
*The trying magistrate also took his time to lament the unprofessional conduct shown by the medical officer who has 6 years experience,
* He even mentioned the perception of the public at large if the court is treat the matter with kid gloves.
*He finally sentence the convict to 12 years I. H. L with effect from 12th November, 2020*
*MI/EU/CR/37/11/2020 & Court Case Number 232/2020 Refers//.*
*Matter investigated by Sub Inspector Felix Kuwani of Euthini police unit and prosecuted by Pro/Sub Inspector Snowden Chimombo of Mzimba Police station.*
