A DETECTIVE officer at Police Force Headquarters has told Lusaka magistrate Sylvia Munyinya that he is not competent to testify in the case involving National Democratic Congress (NDC) Leader Saboi Imboela in which she had been dragged to court by State House Chief Communication Specialist Clayson Hamasaka.
Mr. Kelvin Kandela yesterday told the court during cross-examination that he was not qualified to talk about the matter before the court because he was not the arresting officer in the matter.
He was testifying in a matter in which Imboela,45, pleaded not guilty to two counts of Libel Contrary to Section 191 of the Penal Code Chapter 87 of the Laws of Zambia.
When the matter came up yesterday for continuation of trial at the Lusaka magistrate court, Mr. Kandela was asked during cross-examination by one of the defense lawyers, Ms. Melissa Phiri if he was competent to talk about the matter before the court, the witness stated that he was not competent to talk about the matter because he was not the one who effected the arrest even when he was one of the officers who had besieged the residence of the NDC leader.
Mr Kandela when asked about his duties stated that among his functions were to maintain law and order and to enforce the law.
“According to the evidence, you are not competent to talk about this matter, right?” Mr Kandela was asked in cross-examination.
And in his response, Mr Kandela told the court that he was not competent to testify against Ms Imboela.
Mr. Kandela further testified that on October 28, 2022 he reported for work at Zambia Police Force Headquarters where he was assigned to meet a team of officers into apprehending the suspect named Saboi Imboela.
He submitted that he went on the ground with a warrant and managed to locate the residency of Imboela but couldn’t arrest her.
“I went on the ground and did manage to locate the residency of a named suspect with a warrant in Lilayi Shantumbu road. Upon arrival at the resident, I noticed the gate was locked from inside but I was able to see the activities inside the yard,” he testified.
Mr. Kandela told the court that when he reached Imboela’s house he waited for her about an hour to open the gate but she couldn’t open.
“I saw a car parked, windows where opened and I hooted for about 30 mins, I could see that inside there were movements of people, and I saw Imboela closing the windows. I realized I had her contact number in my phone I made a contact but it went unanswered and she called back. I answered and introduced myself to her and asked her to open the gate and allow us to enter, she responded in the negative saying she had no time for such. I told her if she’s not cooperative I wound find other means, I waited there for an hour hooting in intervals,” he said.
He said on that day he left Imboela’s house without arresting her.
“On November 1, 2022 I got information that she was at police headquarters building where she was summoned.I made a follow-up and found her with her legal team, I introduced myself to them, and I informed them that I needed them in our quarters for a case that has been reported,” he submitted.
Mr. Kandela said he led the team to the arresting officer who recorded a warn and caution statement and charged Imboela with the offense of libel.
It is alleged that Imboela on unknown dates but between September 9, 2022 and September 10, 2022, in Lusaka jointly and whilst acting together with other persons unknown, did publish defamatory matters against Clayson Hamasaka on a facebook page called Saboi Imboela -SI.
The court has since adjourned the matter to April 24, 2023 for trial.
