THE HIGH COURT OF MALAWI
APPEAL NO. 130 OF 2007
CORAM : HON.
JUSTICE A.K.C. NYIRENDA
Counsel for the Appellant
Jere, Counsel for the Respondent
Kabaghe, Court Reporter
Kaferaanthu, Court Interpreter
appellant was charged with and convicted of the offence of theft by
servant contrary to section 286(1) of the Penal Code. He
was given a
suspended sentence of 2 years 6 months. He appeals against his
have carefully read through the lower court record and also gone
through the arguments on behalf of the appellant and by the State.
Fortunately for me the arguments all agree and I also agree with
evidence against the appellant was largely hearsay and should have
been disregarded. Furthermore most of the key witnesses
called. It is not even clear how the court came to convict the
appellant. The evidence was simply not there. I hasten
to quash the
conviction and consequently set aside the sentence as well.
appellant will be released from custody forthwith unless held there
on account of some other lawful reasons. The issue of reinstatement
should be taken up separately in a civil proceeding or through
negotiations between the parties.
in Open Court at Lilongwe this 22nd
day of February 2008.
UD G E