Mateyu Kamwendo has been freed from jail after spending 18 months in prison on remand, as the Balaka Senior Resident Magistrate’s Court found him not guilty of stealing goats valued at MK750,000.00.
The facts are that Kamwendo was a shepherd of goats owned by his uncle, and on 13 October 2024, it was believed that he took the goats to another place to sell them.
The State brought three witnesses during the trial: Kamwendo’s aunt, a member of the public who apprehended Kamwendo on the road, and the police investigating officer.
The Court found that Kamwendo had a case to answer, requiring him to enter defence.
During a prison visit, Kamwendo sought legal representation from the Malawi Legal Aid Bureau (LAB) and was subsequently represented by Senior Legal Aid Advocate Brenda Khwale.
“In defence, LAB demonstrated material weaknesses in the State’s case.
It was established that Kamwendo was engaged in unpaid work for his uncle’s family and, on the material day, had been on his way to undertake paid piece work at his sister’s farm and took the goats with him to graze at the farm with a plan to return them in the evening.
His sister testified in support of this account,” indicated LAB.
Further, the court heard that Kamwendo and his uncle had not agreed on where he was supposed to graze the goats.
“Upon being apprehended, Kamwendo voluntarily provided his uncle’s contact details, a conduct inconsistent with that of a person acting with a guilty mind,” indicated the Bureau.
Upon hearing all sides of the case, the court stated that there was no evidence that Kamwendo intended to steal the goats, and after spending 18 months on remand, the court found him not guilty and acquitted him.
