The High Court in Lilongwe has acquitted Lester Maganga of the murder of Allan Wittika but ruled that he has a case to answer on the charge of unlawful possession of ammunition.
Delivering a 90-page ruling on Tuesday, Judge Mzondi Mvula said the State failed to prove beyond reasonable doubt that Maganga was behind the death of Wittika, who was found dead in his vehicle in Area 15, Lilongwe, in September 2023.
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Mvula said, “The court found no clear evidence linking Maganga to the crime, ruling that suspicion and unproven theories could not warrant a conviction.”
Maganga, who had been on remand at Maula Prison since his arrest in October 2023, was facing two charges of murder under Section 209 of the Penal Code and illegal possession of ammunition.
While the court cleared him on the murder count, it found credible grounds to proceed with the second charge after police recovered two black rounds and one live bullet from him without a valid permit, despite the firearm being licensed.
The court criticised the investigation for inconsistencies and lack of solid evidence, noting that none of the 12 witnesses placed Maganga at the scene.
According to the Judge, the CCTV footage also failed to clearly identify the man seen near where Wittika’s body was found.
Further weakening the State’s case, a post-mortem confirmed Wittika died of a gunshot wound to the mouth, and the court established that Maganga was outside the country at the time of the incident.
The judge further criticised the investigators for not interrogating Wittika’s guard, neglecting key phone records, and failing to link alleged threats made by Maganga to the girlfriend of the deceased.
Following the ruling, Maganga was granted court bail and is expected to take plea on the ammunition charge on Tuesday next week.
Conditions of the bail include payment of a K100,000 cash bond and reporting to Blantyre Police every fortnight.
His lawyer, Gonjetso Dikiya, welcomed the development, saying it was a positive step towards ensuring his client’s right to a fair trial.
Maganga was initially suspected of being involved in Wittika’s killing after the deceased who was a manager at Coca-Cola Company was discovered dead in his vehicle in September 2023 in Area 15, Lilongwe.
