By SANFROSSA MANYINDA
THE Kitwe High Court has ordered for submissions in the case where murder co-accused of small-scale miner Kabaso Mulenga popularly known as ‘Spax’ accused the police of having tortured him while in police holding cells.
Jimmy Bwembya alleged in the trial within a trial that police officers beat him up and forced him to sign documentation at gun-point.
Yesterday, Judge Abha Patel ordered both the state and the defence to make written submissions on April 16 and 19 respectively before judgement could be passed on this particular matter.
This is in a matter Spax 29, Boyd Kamizhi, 24, Maclean Kamizhi, 22, Gilbert Zimba, 22, Syvio Kwibisa, 22, and Jimmy Bwembya, 23, are appearing for three counts of attempted murder, rape and murder.
Bwembya told the court that he signed the documents at gun point while being beaten.
In November 2020, a trial within trial was ordered to allow for investigations of torture allegations against Bwembya.
When the case came for continued trial, the defence had objected to continued trial arguing that their client had been tortured in police holding cells.
It is alleged that between January 22 and 23 2019, the accused murdered Mr Emmanuel Maponda of Chingola while in count two between January 22 and 23, 2020 attempted to murder Mr Billy Maponda in Chingola.
In the third count, they are alleged to have attempted to murder Ms Sheila Bwembya and in count four the accused attempted to murder Mr Stanley Maponda.
In the last count, between January 22 and 23 last year, the accused persons raped the woman.