The Zomba Principal Resident Magistrate Court has acquitted police officer Sub Inspector Gift Mbwenye, who had been suspected of desertion.
Gift Mbwenye was apprehended in January of this year on allegations that he had been absent from his police post in Zomba since 2016 without proper authorization from his superiors and without any intention of resuming his duties in the police service.
Upon his appearance in Court on January 16, 2024, Mbwenye promptly sought assistance from the Legal Aid Bureau to represent him. Granted legal aid, he was represented by Senior Legal Aid Advocate Martin Dalas, with support from Assistant Legal Aid Officer Felister Kamtonga.
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During the trial, the prosecution called upon two witnesses: a former Human Resource Officer for Zomba police and a police detective, to substantiate their case. Both witnesses testified that Mbwenye had left his post in 2016 without proper authorization and had not returned to work since.
In his defense, Mbwenye contended that during the period in question, he was pursuing further studies, and his superiors were informed of his circumstances.
In delivering its verdict, the Court acknowledged that while the prosecution had demonstrated that Mbwenye had left his post without authorization, it had failed to establish beyond a reasonable doubt that he had no intention of returning to his duties in the police service. Consequently, the Court acquitted Mbwenye of the charges against him.