After nearly six years of court proceedings, Dutch national Wim Akster has finally been found with a case to answer on five counts of sodomy and gross indecency.
Akster was arrested in 2020 while working at Timoteo Foundation in Blantyre over allegations of engaging in unlawful sexual acts involving men.
The case has remained before the courts since then, with Akster consistently denying all the charges against him.
Delivering the ruling on Monday morning in Blantyre, Chief Resident Magistrate Paul Chiotcha said Akster was initially facing six charges; three counts of buggery and three counts of gross indecency.
However, the court has since found that there is sufficient evidence for him to answer to five of those counts.
Chiotcha said the accusations arise from claims that Akster engaged in carnal acts with another man against the order of nature and compelled some individuals to take part in acts including kissing and touching private parts.
The magistrate also explained that, under Malawi’s laws, anal penetration is classified as sodomy, whereas oral penetration does not fall under that offence.
During the hearing, the State called seven witnesses, all of whom were cross-examined by the defence.
The court has since determined that the prosecution presented enough evidence to establish a prima facie case, paving the way for the matter to move to the defence stage.
In the proceedings, defence lawyer Micheal Goba Chipeta asked the court to allow 21 days to consult with his client on how to proceed, including whether to present witnesses or move ahead with the defence case.
State lawyer Victor Jere raised no objection to the request, saying it was reasonable.
Magistrate Chiotcha granted the application and indicated that the court would issue further directions after the 21-day period.
The case is scheduled to return to court on May 20, 2026, with Akster continuing to remain on bail.
