The state has asked Chief Resident Magistrate Jean Kayira to commit a case against Andrew Ngomwa, former Chief Commercial Officer for Medical Aid Society of Malawi to the high court for sentencing.
Ngomwa was convicted on three charges of rape, defilement, and indecent practices in the presence of a child.
In the sentencing submissions today, a lawyer for the state- Lynna Kulesi- argued that although the only mitigating factor for Ngomwa is that he is a first offender but there are a lot of aggravating factors.
Kulesi said some of aggravating factors are that the victim become pregnant which resulted in her being temporally removed from school and that the convict was a father figure but he took advantage of the vulnerability of the victim and forced himself on her.
She added that the offenses are serious and would require a long sentence, the convict never showed any remorse during trial, he committed the crime several times, and that the time this happened the victim was sitting for her MSCE arguing the incident affected her academically.
In addition, Kulesi submitted that the court should impose a maximum sentence of 14 years for the offense of rape and defilement each and 9 years for the office of indecent practice in the presence of a child.
Further, Kulesi applied to the court to commit the case to the high court because the Chief Resident Magistrate Court has jurisdiction to pass a sentence of not more than 21 years.
In his response- Fostino Maere- lawyer for Ngomwa argued that the state cannot talk of a long sentence when dealing with a first offender and asked the court to consider sections 339 and 340 of the Criminal Procedure and Evidence Code which gives the court a duty to consider a suspended sentence when dealing with a first offender.
Maere added that the victim’s academic performance was not affected because she was selected at MUBAS formerly The Polytechnic and that when the crime was committed the convict was close to an age where she could give consent.
On the claim by the state that the offense was committed several times, Maere said the allegations were only two.
Further Maele submitted to the court that there is no evidence that the victim suffered trauma and that there is no legal requirement for the convict to show remorse because he pleaded not guilty to the charges and he has been protesting the offenses.
On the offense of indecent practices in the presence of a child, Maere submitted to the court that the child of Ngomwa told the court that she never told the court that she was the convict having canal knowledge with the victim.
He further said maybe a wrong direction is being taken when sentencing convicts in sexual offenses arguing that in robbery and murder cases a convict is sentenced to 9, 17 29,1 5 years, and in sexual offenses, an offender is given 40 years.
He added that when parliament was saying that a person should be sentenced to several years for a particular offense it assumed that prisons have adequate sanitary facilities, food, and a place to sleep but the condition of the prisons are deplorable.
Meanwhile, the case has been adjourned to 21 March to allow Ngomwa to bring witnesses in the name of Dr. Kayange and Professor Wirima and on 28 March for a ruling on the sentencing submissions.
