Court forgives Zomba woman

The Senior Resident Magistrate’s Court in Zomba has acquitted Grace Phiri after the State failed to prove beyond reasonable doubt that she committed a sexual offence against a 27-year-old man with a mental disability.

Phiri was accused of having sexual intercourse with the man, contrary to Section 139A of the Penal Code, in an incident allegedly committed on May 28, 2025, at Thundu Village in Zomba District.

In her judgment, Senior Resident Magistrate Sabina Malimbasa said the prosecution had failed to establish the essential element of penetration, resulting in insufficient evidence to sustain a conviction.The State called four witnesses, including a medical expert who told the court that the complainant has cerebral palsy and experiences cognitive and motor challenges. The complainant also testified before the court without taking an oath.Phiri, who was represented by the Legal Aid Bureau, denied the allegations and called seven witnesses in her defence, including herself.She told the court that on the day of the alleged offence, she spent the morning conducting business at her grandmother’s place before spending the rest of the day with her then-boyfriend, who corroborated her account.The defence also presented evidence from Phiri’s family members regarding her whereabouts, while two teachers from Thundu Primary School testified about the complainant’s conduct when he was a pupil at the school.The court further considered evidence concerning the complainant’s alleged previous conduct towards women in the area and concluded that the evidence before it was insufficient to prove the charge beyond reasonable doubt.The court therefore found Phiri not guilty and acquitted her.