By Shaffie A Mtambo
In a dramatic turn of events, the High Court in Mzuzu has quashed the conviction and set aside the sentence of Wonderson Shaba, a teacher from Rumphi.
Shaba was convicted by the First Grade Magistrate at Rumphi in July 2024 for allegedly committing indecent assault, contrary to Section 137 (1) of the Penal Code.
The lower court had sentenced Shaba to two and a half years imprisonment with hard labor.
However, Shaba appealed the conviction and sentence, seeking the services of the Legal Aid Bureau.
Senior Legal Aid Advocate Kelvin Nyasulu and Legal Aid Officer Lovemore Ngwira took up his case, arguing that the First Grade Magistrate had erred in law by convicting Shaba against the evidence presented.
The alleged victim, who was 18 at the time of the incident, had vehemently denied being indecently assaulted by Shaba. Moreover, she had not reported the incident to the police.
Counsel Nyasulu argued that the prosecution had failed to prove crucial elements of the offense, including the presence of a complainant and perpetrator, and the prohibited act itself.
The State did not object to the grounds of appeal, and Justice Kishindo ultimately quashed the conviction and set aside the sentence, acquitting Shaba of the charges.
This decision paves the way for Shaba’s return to his job as a Deputy Head Teacher at Mzungutwa Primary School in Rumphi district, which he had lost following his conviction.
Shaba and his family members were overwhelmed with joy upon hearing the Court’s pronouncement.
The acquittal marks a significant victory for Shaba, who had maintained his innocence throughout the ordeal.
