By Rahim Abdul
A child defilement case concluded at the Mchinji Magistrate’s Court has taken a notable turn following confirmation that lawyer Sylvester Ayuba is representing the convicted man free of charge.
The court found Ernest Chimpeni, aged 37, guilty of defiling a minor after establishing that the girl involved was below the age of 18 at the time of the offence.
During the trial, the girl claimed that she was 19 years old and produced a national identity card indicating that she was born in 2006.
However, the court rejected this claim after evidence showed that the girl was actually born in 2008, making her a minor under Malawian law.
The prosecution further told the court that Chimpeni had initiated marriage discussions with the girl’s family in good faith.
As part of the customary malowolo process, Chimpeni paid K30,000 and a chicken to the girl’s family.
The relationship later deteriorated after Chimpeni discovered that the girl was pregnant by another man.
Following this discovery, Chimpeni went back to the girl’s parents to demand a refund of the money and chicken he had paid.
This development prompted the girl’s parents to report the matter to the police, leading to Chimpeni’s arrest and subsequent prosecution.
In his ruling, Magistrate Godfrey Nyirenda said that under the 2023 amendments to the Penal Code, a belief that a child is an adult cannot be used as a defence in defilement cases.
The court also noted that the national identity card could not be relied upon, as the girl allegedly falsified her age to qualify to vote during last year’s elections.
Chimpeni has since been remanded in custody and is awaiting sentencing on Monday, while lawyer Sylvester Ayuba continues to represent him on a pro bono basis to ensure access to justice.
