Blantyre Magistrates Court on Tuesday begun hearing a case which a 50-year-old senior officer of Medical Society of Malawi (MASM), Andrew Ngomwa, is being accused of defiling his 14-year-old niece.

Chief Resident Magistrate Jean Kayila, has found the accused with five counts to answer.

The charges include rape, defilement, indecent practice in presence of a child, sexual intercourse with a minor under one’s care/protection and procuring defilement of a woman by administering drugs.

However, the court has put aside the fourth count of sexual intercourse with a minor under one’s care/protection because the defense counsel, Fostino Mayere, argued that the state was supposed to bring an original document of consent from the Director of Public Prosecution (DPP) in accordance to the law.

Chief Resident Magistrate Kayila has therefore ordered the state to present the document by Friday for the charge to proceed.

Commenting of the matter after the adjournment of the court, Senior State Prosecutor, Pilirani Masanjala, said they already acquired the consent document from the DPP but the court was presented with a photocopied one and has assured that by Friday they will be ready and the count will proceed.

Masanjala said: “What happened was that because one of the counts require a consent from the DPP so the DPP did give the consent its just that the defense counsel was being smart by saying that it was not an original copy then he would not accept it.”

During a plea stage the accused chose to exercise his constitutional right of remaining silent and decided not to plead a development which is allowed under Section 252.

Meanwhile the state has paraded its first witness who is the mother to the alleged defiled girl and has remained with other five witnesses to be paraded when the hearing continues on Tuesday, March 30.