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A panel of three Supreme Court of Appeal judges on Thursday upheld a judgement of the High Court to sentence Chief Nyambi of Machinga and two others to death.
Delivering the unanimous judgement on behalf of Chief Justice Leonard Unyolo and Justice Anastazia Msosa, Justice Duncan Tambala said the appeal has failed due to the evidence adduced by the state in the lower court.
“After carefully examining the evidence which was adduced in the court below, the arguments which the counsel for the appellants and the state made in the court below and in this court and after considering the learned Judge’s final directions to the jury, we are unable to find any error of such gravity as can lead us to find the verdict of the jury in this case unsafe,” said Tambala.
“We confirm the verdict of guilty of murder returned by the jury against each appellant. The sentences and order imposed on the appellants are also confirmed,” added Tambala.
As the judge was pronouncing the judgement, the three — Yasin Daiton Ling’omba who is Chief Nyambi, George Allan and Rashid Willo — looked composed and were later taken to a waiting vehicle for prison. Willo is a juvenile and was detained “during the President’s pleasure”.
Their lawyer Arthur Makhalira said in an interview after the judgement he would plead for presidential clemency after exhausting all ways of trying to free his clients through the court process.
Nyambi and the other two are accused of killing Patrick Ingolo who is alleged to have been caught stealing some maize, together with his wife, in the garden of Margaret Asikimu Kawinga, who is Chief Chamba and wife to the convicted chief.
Evidence in the lower court was that the late Ingolo’s wife, who was carrying a baby at her back and was pregnant that time was caught and brought to Chief Nyambi who assaulted her personally before ordering his chief messenger to lock her up in a cell.
The court also heard that the deceased surrendered himself to Chief Chamba’s house and Chief Nyambi ordered that he should be tied with electrical wire and was subjected to beatings together with his wife until she lost consciousness.
Witnesses told the High Court that Allan and Willo, assisted by one of Chief Chamba’s watchmen, carried the deceased and his wife in wheelbarrows to their house and Ingolo is reported to have died a short distance from Chief Chamba’s house.
The three appellants were contending that Ingolo died as a result of mob justice but the Supreme Court held a different view.
“The clear and overwhelming evidence pointed to the irresistible conclusion that it was the appellants who severely assaulted and even tortured the deceased and his wife on February 23, 2002,” said Justice Tambala.
They also alleged that the case was as a result of political issues after Chief Nyambi spoke at a public rally addressed by the former president Bakili Muluzi that the President had visited the area “kumalecheleche” (at the end of his term of office).
But the Supreme Court observed in its ruling that the judge in the lower court properly directed the jury on the matter.
“It would appear to us that the issue of politics was brought into the case by the defence in order to improperly deflect the jury from a fair and careful consideration of evidence and issues relevant to the case,” said Justice Tambala.
The state was represented by Principal State Advocate Pacharo Kayira.
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