The acquittal of Vincent Dzimadzi who was filmed assaulting a boy has shocked Malawians.
People on social have wondered how Dzimadzi was freed despite the presence of a video clip showing him lifting the boy in the air and throwing him on the ground.
Dzimadzi was arrested in October last year following the emergence of the video clip and charged with committing an act intended to cause grievous harm.
The boy’s mother testified in court that the boy was accused of stealing 400 Kwacha and some undisclosed belongings from Dzimadzi’s vehicle.
Ntcheu Senior Resident Magistrate Joshua Nkhono rejected the use of the video clip as evidence in court saying prosecutors had failed to explain how the video was recorded and under what circumstances.
He added that even if the video evidence had been allowed, the state would have failed to prove that the said grievous wounding occurred on the victim.
“It is surprising to note that a person who was said to have been beaten by a rod had no any signs of such trauma on his body a day after the alleged incident,” said Nkhono.
But the ruling has left many social media users wondering how Joshua Nkhono concluded that grievous harm was not intended.
Many argued that the video clip alone was enough to send a person to jail.
“Micky Mouse Justice. This Judge should reconsider his judgement. We saw the video clip,” said a social media user.
Commenting on Malawi24 Facebook post, Future’e Abubakar Mdeza: “The court has failed us. The clear evidence was there that this Man tied that young boy as a dog and beat him like a dog.”
“I hope someone with ‘sufficient interest’ will file for an appeal. Not fair at all,” another social media user wrote.
Some Malawians have, however, blamed the Police for charging Dzimadzi with of an offence that could not be proved.
Roderick Phillipo: “The problem is not the judgement, but rather the charge brought against the man. You can’t charge a man for causing grievous harm when the victim only suffered bruises. This case was bound to fail. Magistrate sanalakwitse (was not wrong).”