The Second Grade Magistrate’s court in Nkhata Bay District has on December 14, 2023 convicted and sentenced a 21-year-old Kalista Msiska to 3 years imprisonment with hard labor for attempting to break into a shop belonging to Connex Majawa at Chintheche by cutting an iron sheet on the roof with intention to gain entry and steal.
The court heard through state prosecutor Sub Inspector Precious Chaundwa that the suspect was caught on December 3, 2023 night by a watchman who spotted him on the roof when he had already cut opened the iron sheet.
He was after being arrested taken to Chintheche Police Post where he was charged with attempt to break into a building to committee a felony therein. He was upon being searched found with dangerous weapons such as a machete, screwdriver, hammer, pair of scissors, axes and 1 litre bottle of petrol.
Appearing in court, Msiska denied the charge which prompted the state to parade three witnesses who testified against him until he was found guilty. The court eventually convicted him.
In submission, state prosecutor Chaudwa said the convict is a perpetual breaker, he was once convicted in 2020 on similar offence and that when he was committing the current one, he had escaped from prison where he was serving an 8 year jail term on similar offence he committed in 2022. Chaundwa asked the court to pass a deterrent sentence for him to learn a lesson.
In mitigation, the convict asked for leniency saying he is on TB treatment.
Passing sentence, Second Grade Magistrate Alex Mailos quashed the mitigating factors and concurred with the state. Mailos said, the convict committed the offence whilst knowing that he is ill portraying that he knew what he was doing. He therefore sentenced him to three years IHL effective from the date of his arrest.
The Magistrate further said the convict will start serving the current punishment after finishing the one he escaped.
