A 45 year old garden (boy)man has been slapped with twenty one years imprisonment with hard labour for defilement by the Chief Resident Magistrate court in Blantyre on Monday September 9, 2019.
Accused Ellias Mtambalika who was working as garden boy for one of the Senior officials at SR Nicholas in Mandala Blantyre, committed the offence in April, 2017.
At the time of the incident, he (accused) called the 9 year old victim as he was sweeping around the premises. He promised to be giving her money, he then took her into a drainage within the compound, defiled her and instructed her to quickly wash herself thoroughly.
On a different occasion, accused is said to have defiled the victim near their neighbours house within the area. She was threatened and warned against revealing anything to anybody about the encounters.
The news came to light when the girl fell sick on February 28, 2019. She was taken to the hospital at Queen Elizabeth Central, she was diagnosed with sexually transmitted diseases and further tests revealed that she is HIV positive.
When quizzed, she narrated her forced encounters with the accused in 2017 and why she could not reveal.
Upon hearing this, the victims’ grandmother who happens to work within the area (Mandala), reported the matter to Blantyre Police.
The police arrested Ellias on the same day February 28, 2019.
He was charged with defilement which he pleaded not guilty.
A full court trial was conducted and in one of the proceedings, the court ordered that accused be taken to the hospital for medical tests.
It was discovered that the hospital tests results found accused to be HIV positive also. This made the court to conclude that he could be the one who infected the victim with the HIV.
In submissions, police prosecutor Sub-Inspector Justice Manolo prayed for the court to impose a stiffer punishment considering the gravity of the offence, an innocent girl was infected with sexually transmitted diseases including HIV and that such cases were rampant in Blantyre and Malawi as a whole.
In mitigations, accused asked for leniency saying he has a family obligation as breadwinner.
Passing the sentence Principle Resident Magistrate Chisomo Hannock Msokera observed that;
The offence is feloneous and that its maximum sentence is life imprisonment,
life of a tender aged innocent girl is in danger ( HIV positive),
That the convict falls in the category of WORST OFFENDERS, and that the court has a duty to protect the society from ruthless people like him.
Magistrate Msokera then sentenced the accused to 21 years imprisonment with hard labour with effect from the date of arrest 28/02/2019.
Accused hailed from Chimbalanga village traditional authority Thomas in Thyolo.
Story content by
Sub-Inspector Augustus Nkhwazi Public Relations Officer Blantyre Police Station.
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