DPP seeks High Court review in controversial Mchinji sex crime

The Director of Public Prosecutions (DPP), Fostino Maele, has officially filed an application with the High Court in Lilongwe to review the conviction of Ernest Chimpeni, who was found guilty of engaging in sexual intercourse with a minor in Mchinji District.

Central to this review are significant legal and evidentiary concerns stemming from the judgment handed down by the Mchinji Senior Resident Magistrate’s Court.

Maele’s application emphasizes the need for judicial clarification on whether Section 138(1) of the Penal Code, which pertains to sexual relations with minors, constitutes an offence of strict liability.

The DPP is particularly focused on the circumstances surrounding Chimpeni’s conviction, questioning its validity given that the complainant presented a national identity card indicating she was 19 years old at the time of the alleged incident.

The case took a contentious turn when disputes arose between Chimpeni and the complainant’s parents, prompting them to file a police report.

In court, they testified that their daughter was underage, contradicting the ID she had shown.

Rhis development has raised questions about the reliability of identification documents in such cases.