The High Court in Lilongwe has started reviewing a ruling by magistrate Esther Phiri in a case in which Samson Banda and Rosemary Nkhoma were answering charges of causing grievous harm and possessing private parts belonging to 45-year-old Salim Ayidi.
Phiri, in December 2012, sentenced Banda to eight years imprisonment with hard labour on the first count of causing grievous harm and acquitted Nkhoma on the same count. She, however, fined the two K2 000 (about $5) on the second count of possessing private parts.
Central Region Police spokesperson John Namalenga confirmed that the court is reviewing the case.
“The High Court on 11 January 2013 started reviewing the case in Lilongwe,” he said.
Central Regional Police prosecution officer Stewart Kaitano said the High Court called for the case documents to review the sentencing.
“We are not part of the review process as it is done by court officials,” said Kaitano.
According to Namalenga, the State is not satisfied with the judgement passed by the lower court.
Banda and Nkhoma were arrested in Salima early April 2012 in connection with the mutilation of Ayidi’s private parts.
Nkhoma, a businessperson had informed the police that Banda was offering private parts for sale, but the police also arrested her as an accomplice.
The case was transferred to Lilongwe after Salima residents threatened mob justice on the two during the trial.—Mana
