DPP, Dr. Steve Kayuni says the State wants the High Court to ascertain the correctness, legality, and propriety of the lower court’s findings and orders.
“State has appealed the case on a number of fundamental issues among them, whether the magistrate erred in law in his interpretation of Section 179 of the Criminal Procedure and Evidence Code.
Further, whether the magistrate erred in law in putting a more probative value on Medical report evidence and less probative value on oral evidence,” he said.
Kayuni also says the appeal is to check whether the magistrate erred in law in his interpretation of Section 235 (a) that the State was to prove both intent and consequences.
Acting Registrar of the High Court and Supreme Court of Appeal, Kondwani Banda says the matter is before Zomba High Court Judge, Violet Chipao.
“The case is set on 14 April 2022 where Judge Chipao wants to hear from both parties before determination,” he said.
Vincent Dzimadzi was acquitted on 4 March 2022 by Ntcheu Senior Resident Magistrate Joshua Nkhono on charges of an act intended to cause grievous harm.
It followed his arrest in October last year after a video clip went viral allegedly showing him torturing a minor in Ntcheu.