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Court Discharges Convicted Nurse

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The court in Mulanje has discharged a nurse, Spencer Chingwengwe, who was convicted of defiling a 15 year old girl.

The court however has advised the nurse to avoid committing a similar offence within a year.

Court records indicate that the nurse, 32, defiled the girl on 5th July, 2018.

When he appeared in court, Chingwengwe pleaded not guilty to the charge, forcing police to parade four witnesses against him.

The court convicted the nurse on 7th June, 2019, revoked his bail and sent him to Mulanje Prison where he spent a month as he awaited sentencing.

Chingwengwe appeared in court on Tuesday for sentencing but lucky was on his side as the court discharged the case.

First Grade Magistrate Smart Maruwasa in his ruling quoted section 337 of Criminal Procedures and Evidence Code where despite proving the case, a convict can be discharged from the case if there were no aggravating factors at the time the offence was committed.

“Though defilement offence is felony but the victim was not injured in any way. Again as a convict, Chingwengwe has automatically lost his job and spending a month in prison, the court believes that the nurse has learnt a lesson,” said Maruwasa.

State though appeared unsatisfied with the ruling is yet to say whether it will appeal against the ruling or not.

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