ZODIAK ONLINE
Sect. 5, P/Bag 312
Lilongwe, Malawi
Thyolo Senior Resident Magistrate Court has ordered Elisa Mose Kwelani (39) to spend the next 19 years in prison for defiling a minor in the district.
State Prosecutor Inspector Ishmael Abubast told the court that Kwelani, who was a friend of the victim's father, approached the 12-year-old on the pretense of advising her about the care of her sick mother.
"On April 20, 2025, Kwelani invited the victim to his house, where he sexually assaulted her. The victim returned home with visible difficulty in walking and later revealed the ordeal to her mother. The mother subsequently reported the matter to the Police, leading to Kwelani's arrest," Abubasit said.
A medical examination confirmed that the girl had been defiled.
In court, Kwelani denied the charges.
However, the state mounted five witnesses, who proved him otherwise.
After the conviction, the state argued for a stiff punishment, emphasizing the aggravated nature of the offence.
"There are increased trend of these cases and that pedophiles are a threat to the society, hence they need to spend their productive years behind bars," Abubasit submitted.
Counsel Prisca Masumba and lawyer Leah Matsowa from the Legal Aid Bureau, who represented the convict pleaded for leniency.
"Our client is a first-time offender, a bread-winner and has underlying health conditions, and therefore we request that the court to consider a lenient punishment without hard labour."
However in her ruling, Magistrate Samrah Muhammad trashed the mitigation factors from the defense.
She noted: "pedophiles pose a serious threat to society and the life of a girl child and should be isolated. I thereby, hand down the 19-year custodial sentence with hard labour to the convict," Mohammad ruled.