Blantyre Magistrate Court yesterday ruled that Vincent Wandale and Tendai Nsikita have a case to answer on the three counts of conspiracy to commit misdemeanor contrary to Section 405 of the Penal Code, unauthorised use of land which is contrary to Section 316 of the Penal Code and criminal trespassing which is contrary to Section 314 of the Penal Code.
Senior Resident Magistrate, Thokozani Soko, analysed all the testimonies tendered in court by the state’s seven witnesses during cross-examinations and concluded that the state has proven that Wandale and Nsikita have charges to answer.
After going through the evidences, Soko read out Section 405 of the Penal Code which states that any person who conspires with another to commit misdemeanor shall be guilty of misdemeanor.
The magistrate also quoted Section 314 of the Penal Code which stipulates that any person who cultivates, ploughs, damages or occupies another man’s land without consent shall be guilty of misdemeanor and liable for imprisonment up to three years.
However, the court acquitted the two accused of one count which was threatening to use violence.
The two are now left with three counts to answer whilst one of the accused Chrispin Nkhoma was acquitted on all the four counts and was set free.
Meanwhile, the two are expecting to parade their witnesses.
Lawyer Michael Chipeta, who is representing Wandale, in the case, asked the court to give him time to strategise with his client.
“Now what it means is that Wandale is left with three counts which the court feels he has to defend himself. I am now yet to discuss with him on the witnesses he has and to strategise the defense,” Chipeta said.
The second accused, Nsikita, currently does not have legal representation as Chipeta no longer represents him.
The case has been adjourned to Monday October 3.
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