Mon, 12 Dec 2016 12:01:06 +0000
By Chikumbi Katebe
SUPREME Court has ruled in a judgment that a Zambia Police officer should hang for causing the death of a suspect while in custody.
This was in an appeal judgment that was delivered on Friday December 9, 2016 in which the Supreme Court upheld the High Court ruling that Ngenda Munalula, a Mufulira Police officer must die for causing the death of a suspect in custody.
The Supreme Court delivered that the collective evidence in the murder charge over the death of Mubarak Zulu was overwhelming and that the lower court delivered the correct judgment.
Munalula was given the extreme mandatory sentence of death by the High Court.
The Court explained that witnesses proved that Zulu was in good health when he was placed under custody at the Mufulira Police Station where Munalula was on duty, but that he became an invalid overnight, in the morning following his detention.
The Court in its findings explained that the deceased was detained over a quarrel in the neighborhood, and was apprehended with the help of a neighbour who was a witnesses in the case.
The Judge said there was conclusive proof that the deceased was assaulted and died three days later obviously from the hemorrhagic necrosis of small intestines with perforation, a blunt force abnomino-pelvic injury and head injury as reported.
The court dismissed claims that Munalula accidently stepped on the deceased’s groin while performing his duty, that there was no report from the investigations officers which could indicate accidental homicide.
“We have already effectively dealt with the veracity of the findings of fact and the conclusion by the learned trial Judge.
“We stated that the conclusions were supported by strong and compelling circumstantial evidence based on findings of fact which we cannot interfere with. “The net result is that this appeal fails on all grounds and we dismiss it accordingly,” read the part of the judgment.
