By Davie Dan Mchinga
Vincent Dzimadzi, who was arrested on charges of an act intended to cause grievous harm last year, was found not guilty Friday of all charges by a Ntcheu Resident Magistrate.
One can argue about the particulars of the case, about the strength of the defense and the perceived ham-handedness of the prosecution.
The verdict indicates that the judgment followed the State’s failure to prove the essential elements of the purported offence.
Last October, Dzimadzi was accused of tying a 14-year-old boy in Gochi Village in Ntcheu, undressing and seriously assaulting him with intent to cause grievous harm.
Now, the most problematic aspect of this case is that it has failed to protect the child, indirectly ‘Okaying’ the vice.
For the prosecutor to settle on an assault intentionally to cause grievance harm, she/he might have looked at several considerations.
One such factor might have been the medical report which ascertained the condition of the boy as regards to the injuries sustained.
The prosecutor was certain that the medical report including the video were enough to move the court to rule in their favor.
Should all these factors were in order; one needs to question the competence of the prosecutor in arguing the case.
Similarly, fingers should be wagged at the Magistrate’s rationale behind the acquittal despite the incriminating evidence.
Public interest in the case is quite overwhelming. The verdict definitely is a blow towards fight against domestic violence.
The State needs to review the outcome and find out where it went wrong and see to it if it can appeal or ask for a retrial.
The verdict is only likely to encourage more vigilante men, to hurt children which we fervently say are our future leaders.
The real threat is that there are other Dzimadzi’s out there who heard how ‘justice’ celebrated an oppressor and now want to follow his lead.
The worst thing for Malawi would be that this case becomes exemplar and precursor.
