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Balaka court acquits two suspects

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Balaka Second Grade Magistrate’s Court has set free two people found with a container of Colophospermum Mopane (tsanya) logs without permit.

Police prosecutor Elias Chitsulo told the court that the suspects Billy Dziopani, 36, and Joseph Feki, 29, were on November 16 2015 found with a container full of the banned wood at Chingeni Roadblock in Balaka.

Chitsulo said the officers were conducting routine checks at the roadblock when they came across a truck registration PE 1698 with trailer number NN 1213.

The planks being offloaded at  Balaka Police Station
The planks being offloaded at
Balaka Police Station

When the suspects were asked about contents in the container, they said they were carrying pine planks and produced a Malawi Government general receipt number 1608031 and transfer certificate number 008/15 in the name of J. Jussab, issued at the Regional Forestry office (South) signed by M. D. Kawalewale on behalf of the regional forestry officer.

The officers insisted that they open the container to see what was inside, and this forced them to take the truck to Balaka Police Station. Upon opening it, the officers saw pine planks but after removing some of the planks and they discovered 450 banned tsanya logs with no permit. The pine planks were just used as a decoy.

Passing judgement Second Grade Magistrate Victor Sibu acquitted the two saying that the regional forestry office failed their duty as they were supposed to check what was in the container before issuing the government receipt and transfer certificate.

He, therefore, acquitted them and ordered that the truck, the pieces of pine planks and the banned tsanya logs be returned to the owner and police have since released the vehicle and the tsanya logs.—Malawi Police Service

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