Ever heard of a narrow escape? Innocent Phiri and Fanizo Libiam have walked free from jail after the First Grade Magistrate’s Court in Dowa found them not guilty of burglary and theft charges, as the prosecution failed to provide concrete evidence of their alleged crimes.
According to the Malawi Legal Aid Bureau, the accused were arrested in April last year by Dowa Police on suspicion of unlawfully breaking into a house and stealing assorted kitchen utensils, a tablecloth, a plasma television, food warmers, an Itel mobile phone, all valued at K1,650,000.
“The Court heard that the complainant, who is a member of the Malawi Police Service, discovered that her house had been broken into on the morning of 15 April 2025. She reported the matter to the police, and the two were later arrested,” says the Bureau.
Phiri and Libiam pleaded not guilty to the charges during plea taking. After applying for legal aid, Phiri and Libiam were represented by Senior Legal Aid Advocate Jacqueline Mtanthiko, with assistance from Legal Aid Officer Doreen Chirembo.
“The prosecution called five witnesses in support of its case, after which the Court ruled that the accused persons had a case to answer. The defence subsequently presented its case, during which the two accused persons testified as defence witnesses.
“Evidence before the Court indicated that one of the stolen items, a mobile phone, was traced and found in the possession of Yona Chilunje, who claimed that he had purchased it from Innocent Phiri. With respect to Fanizo Libiam, the Court heard that he was arrested at a time when he was selling property on behalf of someone else,’ indicates the Bureau.
The allegations against the two men were rendered baseless because the state failed to provide concrete evidence that they were at the scene at the time the incident occurred.
Meanwhile, after analysing all the arguments, the First Grade Magistrate Court found Phiri and Libiam innocent and ordered their release.
Source: Malawi Legal Aid Bureau
