Zomba Chief Resident Magistrate’s Court has found that St. Luke’s Hospital clinician, Moses Chinula, has no case to answer following accusations that he defiled his year and 10-month-old daughter.
Presiding over the case Chief Resident Magistrate Austin Banda said has stopped the Chinula’s case due to insufficient evidence from his wife on the defilement case.
He added that the submitted medical report showed that the medical personnel that wrote the report was incompetent because the report failed to give full details on the test.
The Senior Resident Magistrate also faulted the police for arresting Chinula before adequate information on the case saying this was unprofessional.
The Chief Resident Magistrate observed that the police arrested Chinula after hearing from the wife.
Senior Resident Magistrate Banda, therefore, advises medical personnel to carry out a thorough medical test on victims of defilement because defilement cases are serious and attracts life imprisonment.
He said a person can risk life imprisonment as a result of being incompetent on medical tests.
” Let me appeal to medical personnel that carries out medical tests that you should carry out the thorough test once a case of defilement is referred to you because defilement is a serious offense that attracts life imprisonment as such an innocent person can go to jail because of your incompetence,” said Banda.
He added the maid who took care of the baby gave the evidence in court that she did not see any sign on the baby girl that the child was defiled and the baby was with her the whole day and that she bathed her late in the afternoon.
The Chief Resident Magistrate, therefore, prompted that the court should discontinue the case following the state’s insufficient evidence.
Patrick Debwe from Legal Aid Bureau who represented Chinula said he was happy with the discontinuation of the case adding that this was justice at its best.
Chinula praised the Lord for being on his side throughout the case saying false accusations have faced justice.
“I am happy that I am now a free man,” Chinula said as he was leaving the court.
