Court refuses to drop defilement case
First grade magistrate Esmie Tembenu on Tuesday put her foot down and refused to withdraw a defilement case which a complainant moved and the State had no objection.
An irked Tembenu reminded the complainant about the consequences of defilement which “could lead to infertility, trauma, contraction of HIV and Aids, terminal illness and even death of the victim”.
Facts of the matter are that a 13-year-old boy in Bangwe, Blantyre on July 26 2014 defiled a six-year-old girl from within the neighbourhood.
When the mother of the girl cooked nsima and told her to go and eat with the boy, she refused, saying she feared that the boy would defile her as he had done before. The mother then reported the matter to police and the boy was arrested. He admitted to defiling the girl.
Weeks later, the mother of the girl went to court to withdraw the case, saying she had forgiven the boy because the two families (of the accused and complainant) are ‘neighbours, both of Tumbuka tribe and come from the northern region’.
But Tembenu refused to close the case, wondering how a loving mother could think of closing the case when she is not the victim.
“How can a biological mother, who is not a physical victim, have the courage to come to court just to close a case in which her own daughter is a victim?
“How can the State, instead of giving facts of the case, allow a mother to make an application for closure of a defilement case?” asked the annoyed Tembenu.
She told the court that within three weeks, three women have come to the court to apply for closure of defilement cases involving their daughters.
“This is because most parents opt to settle cases of their defiled daughters out of court because of nothing but material gains. Shame on those mothers!” said the magistrate.
She told the complainant that the law does not allow parents to close cases because they are merely witnesses as the cases are between the State and the accused.
After the ruling, prosecutor Joseph Tsokalawo proceeded with the case.
“If you didn’t play the ball, you can’t coach the game”, this popular sport saying of the Americans about one of their favourite sports, American Football is also true about life experiences.
The mother who wants to withdraw the case in court was not a good daughter and as such, is not making a good mother. If she had ever gone through the trauma her six year old daughter had been or is going through, I doubt if she could succumb to any kind of family or societal pressure to “make peace” with the boy’s family.
Such attitude like hers is what portray girls and women in general as properties own by men and families to be sold to the suitor with the most cows and cowries without consideration for their personal interest and ambition. A careful scrutiny will reveal that she had been “paid off” in cash or materials, yet, she was not the victim. This undermines the future of the young girl involved who may grow up with sexual frigidity among other psychological disorders related to rape.
A good mother should have ensured that her daughter is healed physically, psychologically and spiritually, but here we see a mother who (may) have agreed to sacrifice the future of here own daughter on the altars of a few Kwachas and “good neighbourliness”. Yet she and others of her ill wants men to regard them and take them serious.
While the point of the mother’s withdrawal of the case is undesirable, let face facts here. Two kids involved in the scam did not understand what they were doing if the age is indeed 13 and 6 years. Bring the matter in public by the learned magistrate does not solve the issue at hand. This is clear violation of child right. This will traumatise both the perpetrator and the victim. I do not see an Africa 13 year old boy to understand the issue being discussed properly. He might have doing this out of fan. I need to be understood here that I am not condning the act but I am considering the manner this issue has been brought in public space, the age of those involved and the repercussion that would follow. This is a miscarry of justice and an embarrance to the whole professional regarding confidentiality of the clientele.
A Tembenu ana achepa. Why can’t you focus on real issues such as cash gate scandals. Zosewera izo mpasa mu news paper. This is a big joke and waste of time and resources. They just need counselling. This is not an issue at all. Instead of executing justice, you are infringing children’s rights. Both the perpetrator and the victim will end up being tramatised. Bring sanity and professionalism in Malawi judicial system.
Coming from the same region does should not be the basis. The mother should have a case to answer too. She might have pocketed something. Northerners don’t behave like that.