Priest attacker found with case to answer
By LUCY PHIRI
THE Lusaka Magistrate’s Court has found a man of Kalingalinga Township with a case to answer in a matter he is accused of assaulting a priest.
This is a case before Magistrate Judith Chiyayika, in which Renard Mwale 62, a member of the St Lukes Anglican church in Kalingalinga, who is a machine operator , is charged with assault occasioning actually bodily harm.
It is alleged that on November 22, last year, in Lusaka, Mwale assaulted Borniface Baleni and occasioned him actual bodily harm. Mwale denied the charge.
When the matter came up, the arresting officer in the matter narrated how he charged and arrested Mwale for the offence.
Matsauso Phiri, 49, a detective inspector at Woodlands police said on November 22 last year, he received a docket of assault occasionally actual bodily harm in which Fr Baleni was the complainant.
Mr Phiri said Fr Baleni complained that while conducting a church service at the pulpit at St Luke’s Anglican Church, Mwale, a member of the church approached him.
“He was approached by Renard Mwale, a church member who ordered him to step out of the pulpit for reasons only known to the accused.
“He further told me that when he resisted from stepping out of the pulpit, he was dragged by Mr Mwale and in the process, he started beating him and he sustained general body pains due to the beatings,” Mr Phiri, who was at the time investigating the case from Kalingalinga police post, narrated.
He said investigations were instituted into the matter by summoning Mr Mwale who went to the police station the day after the incidence.
Mr Phiri said while interviewing Mwale, the accused told him that he did go to the pulpit but he never beat the complainant.
“I later made up my mind, arrested and charged him for the subject offence. Under warn and caution statement administered to him, he gave me a free and voluntary statement by denying the charge,” he said.
In cross examination, defence lawyer Petronella Kafumbe asked if he was aware that one of the witnesses told the court that the victim was never slapped or beaten, but Mr Phiri said no.
Asked if he informed the court in his testimony that he had interviewed congregants who witnessed the alleged assault, Mr Phiri said no.
He also told the court that he does not have video footage as evidence to prove that the alleged assault happened.
Ms Kafumbe said it was clear that the officer never conducted thorough investigations.
After the prosecution closed its case, magistrate Chiyayika found Mwale with a case to answer and placed him on his defense.
Meanwhile, mwale’s witness Bridget Nkhoma, 48, told the court that she was present when the ordeal happened. She said it was a Sunday morning when they were in church, and no sooner had the Priest entered than everybody started leaving.
‘’Immediately the priest entered The church members started leaving the church going to their homes. When Renard Mwale saw a number had left the church he stood up and went to the alter and started telling the father that he should stop preaching,’’ Nkhoma said.
She said Mwale told the father to stop tarnishing the church’s name because of his actions .
She further narrated that she just saw fr Baleni, Mwale and Tembo fall down but Fr Baleni did not hurt himself.
‘’I did not see Mwale hurting Baleni but I only saw them falling down, ’’ She said.
The matter comes up on November 2 for Judgement
Author
