79 year-old Discharged from Defilement Charge Due to Insufficient Evidence

The Senior Resident Magistrate Court in Dedza has made the decision to discharge a 79-year-old grandfather from a defilement offense that he was accused of. Yotamu Kaliyopa was arrested in March by Kabwazi Police on suspicion of impregnating his teenage granddaughter, who was under his custody.

Allegations and Legal Representation

It was reported that the victim’s mother discovered her daughter’s pregnancy and, upon questioning, the teenager mentioned three men who could have impregnated her. Eventually, the girl began accusing her own grandfather of the acts, leading to the pregnancy. However, Yotamu Kaliyopa vehemently denied these accusations. Seeking legal aid, Kaliyopa was represented in court by Senior Legal Aid Advocate Chikondi Kambuwa, with paperwork assistance from Legal Aid Officer Edith Kaliza and Assistant Legal Aid Officer Nosipho Mwenehuwe.

Insufficient Evidence and Discharge

During the proceedings, the State, after negotiations with the Legal Aid Bureau, applied for a withdrawal of the case under Section 81 (a) of the Criminal Procedure and Evidence Code. The State acknowledged that there was insufficient evidence gathered against the accused. Senior Resident Magistrate James Mankhwazi granted the discharge of the 79-year-old grandfather, stating that, at the present moment, there was a lack of reasonable evidence to support the allegations against Yotamu Kaliyopa.