The High Court sitting in Mzuzu Wednesday acquitted all eight people who were being accused of having a hand in the death of 30 unidentified Ethiopians in Mzimba District, due to insufficient evidence.
The homicide case involved Samuel Navaya, David Luhanga, Thomas Kazembe, Duncan Kalulu, Boniface Ngulube, Aubrey Dukes, Arnold Mwakiyelu and Tadikira Mafubza.
The eight were answering manslaughter and aggravated human trafficking charges before High Court judge Gladys Gondwe.
In her case-to-answer ruling, the judge said in any criminal trial, it is the obligation of the State to prove a case beyond reasonable doubt, which in the matter before her she said was wanting.
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Among others, Gondwe said none of the State witnesses made mention of how the first accused, Dukes, was involved in the case.
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“The court has therefore found no evidence to call him for defence,” the judge said.
On the eighth accused, Mafubza, Gondwe said it was not disputed that he owns the van which reportedly carried the victims, but that there was no evidence that he knew anything about the acts.
Further, Gondwe said the State failed to prove how suffocation which is said to be the cause of the death of the victims was linked to the accused persons.
On the aggravated human trafficking count, Gondwe said it was unknown where the victims were going.
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“Where the purpose for transportation is unknown, proof of exploitation becomes difficult,” she said.
State Advocate in the office of the Director of Public Prosecutions (DPP) Dziko Malunda said they ruling had come as a surprise.
“I am surprised that everyone has been acquitted, but justice is what it is; it is justice. As you heard, the judge took her time to analyse the evidence and came to that conclusion. Next step is not within my,” he said.
Representing the defence team, lawyer Gilbert Khonyongwa said they saw it coming as the evidence was disjointed, adding the court took time to analyse the evidence.
“From the outset, it was very clear that the accused persons would not be found with a case to answer. The evidence was not enough and we were very sure that the case would not go beyond this stage,” he said.
The court has since ordered that the vehicles, a Scania truck and a Toyota Sienta, be returned to their respective owners.
Meanwhile, reports indicate that the State has resolved to appeal against the High Court’s ruling.
The 30 immigrants were found buried in a mass grave in Mtangatanga Forest in Mzimba District in October 2022.
