The State on Thursday closed prosecution of the case of a boy with albinism who went missing in May last year, 2017 after parading its last witness who is a Detective Sub-Inspector Duncan Gama.
The boy, Mayeso Isaac, 9, went missing in Mozambique where he went to visit his grandmother and three people Thomas Petro, Christopher Mbeta and Benson Chitokoto were arrested in connection with the missing of the boy.
The court has since set November 7, 2018 as the day when it will deliver its ruling on whether the three have a case to answer or not.
Detective Gama told the court that the police arrested Petro, Mbeta and Chitokoto for their suspected involvement in the abduction of the boy based on information from another suspect Joseph Namaina who was arrested by police in Mozambique.
“Namaina told police that he was hired by Petro and his two colleagues to abduct the boy,” Gama told the court.
Later the State, which is represented by Samuel Chisanga and Joel Matonga from the office of Director of Public Prosecutions closed prosecution of the case.
The state and defence lawyer Humphrey Panyanja from Legal Aid Bureau presented their oral submissions before the court.
Panyanja, in his submission, said the state had failed to provide essential elements to prove that his clients committed the crime as no substantial evidence is pointing at any of the accused persons.
“No any reasonable court can convict the three based on mere hearsays,” Panyanja argued, pleading with the court to discharge the case.
In his counter-arguments, Chisanga said there is substantial and collaborative evidence that the three committed the crime and asked the court to find them with a case to answer.
Mulanje Senior Resident Magistrate, Godfrey Balaka, therefore, adjourned the case to November 7, 2018 when he will deliver his ruling on whether the three have a case to answer or not.
While Petro and Chitokoto are on court bail, Mbeta is on remand at Mulanje Prison. The court denied bail to Mbeta last Wednesday on the grounds that the case was fast coming to an end.
Petro and Chitokoto hail from Chiwaya Village in the area of Traditional Authority Mabuka while Mbeta, 23, comes from Chibwana Village in Traditional Authority Mabuka’s area, all in Mulanje.