Family seeks justice over ‘defiled’ daughter

Lilongwe-based family is crying out for justice after a man who allegedly defiled their 11-year-old daughter was ‘suspiciously’ released from custody few days after his arrest.

The mother of the victim claimed in an interview that they have suffered a double tragedy due to failure by the court and police to prosecute the matter.

The incident occurred in August 2021 in Area 25 Sector 8 in Lilongwe and the suspect was immediately picked by Nsungwi Police officers after the girl’s mother reported the matter.

According to the mother, the suspect was apprehe

nded after medical examination at Kamuzu Central Hospital confirmed that the Standard Six learner was, indeed, defiled.

To their disbelief, he was later taken to Mkukula Magistrate’s Court in Lumbadzi, Dowa, but since then hearing of the matter has not taken place. The suspect used to be their neighbour.

“The police and the court have tried their best to frustrate the matter. We are pleading with the government, human rights groups and other well-wishers to come to our aid,” lamented the woman.

She said the family was saddened and disturbed that their eight-month quest for justice was being suppressed.

The mother alleged that they have been to court on three occasions but nothing substantial has taken place.

“We have information that the suspect is at his home village in Karonga. I have inquired from the prosecuting officer a Ms Soko but she has dismissed it. Sadly, he is nowhere to be seen and there’s no direction on the case,” she said.

The distraught mother alleged that the suspect’s parents, the police and the perpetrator’s lawyer from Legal Aid Bureau might have conspired to cover up the matter, taking advantage of their vulnerability and illiteracy.

“What surprised us on the same day the matter was taken to court was that we were advised that hearing would take place in a room behind the court [holding cell].

She narrated: “Upon entering the room I was ordered to get out so that the police, a court official, the suspect, his mother and his lawyer should talk with my little daughter. Being my first time to appear before court, I obliged.

“I was later invited to join them but I found my daughter traumatised. They asked me to substantiate if, indeed, my daughter was defiled. Later, they took my daughter’s medical report, which is still in their custody. That is the only time we appeared before court. Later, we heard the suspect was out on bail.”

In a separate interview, the prosecuting officer confirmed the suspect was given court bail and insisted “there was no foul play”.

But Soko, who has since recused herself in the matter, pushed the blame to the victim’s family for alleged hostility and lack of cooperation in the matter.

“The matter is set for further hearing but we are yet to be given a date by the magistrate. It was supposed to come on March 8 but the magistrate was not present, so we will be seeking a fresh date to proceed with hearing,” she said, declining to take further questions.

When contacted on the matter, newly-appointed Judiciary spokesperson and acting registrar Kondwani Banda confirmed the suspect was released on bail.

He said: Every accused person has a right to bail. This is normally granted on application made to the court on the first day of appearing before court for plea taking.

“The matter is then set for hearing and that is exactly what happened in this case. Hearing a matter is subject to setting date which is done on  application by involved parties.

“Herein the State is suspecting him to have committed the offence; hence, prosecution. They need to move the court. Courts act upon being moved and not otherwise.”

Banda suspected that the prosecuting team did not move the court; hence, the delays to hear the matter.

But human rights activist Undule Mwakasungula wondered how a Legal Aid Bureau lawyer could protect a child sex abuse perpetrator.

He said: “This lawyer must be debarred because he is a disgrace. Malawi Law Society also needs to bring sanity in the profession by deregistering lawyers who hinder justice for the abused girl child because that’s unacceptable. We cannot allow the police to cover up such a serious case. The girl child has to be protected at all costs.”

Meanwhile, the Centre for Human Rights and Rehabilitation (CHRR) has pledged to help the family get justice on the matter.

CHRR executive director Michael Kaiyatsa said in an interview yesterday that it was distressing that the family’s efforts to seek justice seemed to be hitting the wall with the police and courts seemingly indifferent to their plight.

“It’s sad that for eight months after the girl’s ordeal nothing has been done on the matter and the suspect is still walking free. We want justice for the girl child,” he said.