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CADRES ACQUITTED IN ASSAULT CASE

BY LUCY PHIRI
THREE United Party for National development (UPND) Cadres who were involved in violence during the 2021 elections in Kamwala have been acquitted.


This is a matter in which Nathan Bwalya,29, a student of Kamwala south, Remmy Milumbe, 33, and Simata Mainda, 37, a businessman of the same area where accused of assaulting James Mulanga hence occasioning him actual bodily harm contrary to section 248 of the Penal Code Chapter 87 of the Laws of Zambia.


The three accused persons pleaded not guilty to the charge
When the matter came up in the Lusaka Magistrate court before magistrate Standford Ngobola for ruling, the court said he did not find them with any case to answer and that there was not enough evidence from the prosecution.
The cadres are said to have caused confusion and commotion at Bob’s corner in Kamwala South where they were beating and harassing people at Spectra filling.


They were seen beating up people who were wearing green clothes similar to PF regalia.
It is alleged that on April 14, 2021 in Lusaka, jointly and whilst acting together the trio did assault Mulanga James with no lawful authority.


And the first witness said he was beaten by the cadres and only managed to recognize the three accused He said they beat him in the head and mouth where he sustained deep cuts.
The second witness also confirmed being beaten by the cadres at the scene, and a police officer who received a report from members of the public also confirmed the beatings after the victims were taken to the police to be issued with medical report forms.


However, Magistrate Ngobola acquitted all three accused persons and said he did not find them with any case to answer.
He said there was a gap in the evidence on how the accused persons were apprehended and detained in the police custody.
“There is difficulty in determining that each of the accused persons participated in assaulting the accused considering various contradictions in the evidence of the prosecution,’’ he said.


Meanwhile, a UPND Cadre has been granted a K10, 000 bail after he willfully and unlawfully damaged properties worth K11, 480, 00 during the Kabwata parliamentary by elections which were recently canceled.
Marcus Nene, 27, of unknown house number of Barlastone was accused of causing malicious damage to property contrary to section 335(1) of the Penal Code Chapter 87 of the Laws of Zambia.


When the matter came up yesterday for commencement of trial before Lusaka magistrate Standford Ngobola, accused person Nene pleaded not guilty to the charge.


Allegations are that Nene on January 4, 2022 in Lusaka, Jointly and whilst acting together with other persons unknown, willfully and unlawfully did damage two television sets and a home theater system altogether valued at K11,480,00 the property of Joseph Mubanga.
Magistrate Ngobola Set January 17, for continuation of trial.

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