The Supreme Court of Appeal sitting in Lilongwe has upheld a decision by the High Court to acquit four suspects accused of murdering late Kottana Chidyaonga on January 3, 2020.
Ekaree Chaweza, Gilbert Kamaliza, Timothy Mtilosanje and Diana Bhagwanji were earlier acquitted by High Court Judge Thomson Ligowe on allegations that the deceased was poisoned.
But the state which was advancing murder charges against the four took to Supreme Court an appeal a reversal of the decision by the lower court.
On Wednesday, a panel of seven Supreme Court judges dismissed the State`s appeal on the basis that the application lacks merit.
“As of now it will be difficult to actually say the reasons why the court has dismissed the appeal, suffice to say that the court is saying the appeal by the State lacks merit.
“It has not given the full reasoning behind the judgment which will be given later but as of now it gave an abridged version of its ruling of which the main point is that the appeal lacks merit,” said Khwima Mchizi, one of the lawyers representing the respondents.
According to police statements the four respondents said the death of the 23 year old late Chidyaonga was as a result of a snake bite.
But an autopsy conducted by pathologist Charles Dzamalala which was released on 13th January 2020 found that there was no mark of snake bite on the deceased`s body but presence of pesticide, Termik, in her body.