Wed, 16 Aug 2017 08:27:58 +0000
By Jossy Chaima
OPPOSITION United Party for National Development vice president for administration, Geoffrey Bwalya Mwamba (GBM) has been acquitted of his charges including that of assault because the evidence brought before court was unreliable.
This is a case in which GBM was charged with four criminal cases in the Kitwe subordinate court.
In count one, GBM was charged with conduct likely to breach peace contrary to the laws of Zambia.
Particulars of the matter are that on May 19, 2016 in Kitwe, Mwamba with other persons unknown publicly conducted themselves in a manner likely to breach peace.
In count two, Mwamba was charged with assault contrary to the laws of Zambia.
Facts are that on May 19, 2016 in Kitwe, Mwamba with persons unknown assaulted Moses Katongo.
In count three, Mwamba was charged with malicious damage contrary to the laws of Zambia.
Facts are that on May 19, 2016 in Kitwe, Mwamba with persons unknown damaged four cases of soft drinks, ten rolls of tissue and two boxes of spaghetti altogether valued at K490 the property of Dickson Sikazwe.
In count four, he was charged with assault occasioning actual bodily harm contrary to the laws of Zambia.
Facts are that on May 19, 2016 in Kitwe Mwamba with persons unknown assaulted Francis Musonda.
However GBM was later discharged from the case of count four after the state entered a nolle proseque.
Resident Magistrate Malota Phiri said after having tested the evidence that was brought to court by the prosecutors he discovered that the evidence was incoherent and lacked credibility.
Magistrate Phiri said the evidence was doubtful and shaky and could not convict the accused based on the details of the facts brought in court.
Magistrate Phiri said the two witnesses often remained mute when questioned leaving the evidence questionable.
“The key witnesses who is pw1,pw2 ,pw3 and pw4 who were on scene and pw7 who was the arresting officer the evidence given was questionable as they failed to testify properly and remained mute when questioned. Therefore having tested the evidence and the disparity, I find the evidence to be unreliable and doubtful,” he said.
Magistrate Phiri said in the case of Yohan vs the people of the Supreme Court, indicated that the evidence of the prosecution witnesses had to be tested.
Magistrate Phiri said the case also indicated that if the case was found short of the required standard of facts in the criminal cases, it needed to be proved beyond all reasonable doubt.
Magistrate Phiri said he was acquitting the accused under section one of the CPC of the criminal procedure court of chapter 88 of the laws of Zambia.
