Sat, 14 Oct 2017 10:21:05 +0000
Benos has case to answer
By Chintu Malambo
THE Lusaka High Court has found Tshiabu Benos with a case to answer in the matter in which she is accused of stabbing prominent businessman Revees Malambo after a quarrel.
High Court Judge in charge, Gertrude Chawatama, however, placed Benos on her defence to explain her side of the story after the prosecution closed its case.
In her ruling, justice Chawatama said she was convinced the prosecution had established a prima facie case against her.
“I have considered the prosecution’s evidence against you and I am satisfied that a prima facie case has been established. I therefore, put you on your defence,” she said.
Defence counsel, Humphrey Mweemba however, asked the court for more time to explain the rights to the accused and prepare her defence.
Benos, 39, is alleged to have stabbed Malambo who was also Auto Force proprietor with a knife on January 29 2017, after a quarrel at her home in Ibex Hill.
Earlier, the arresting officer in the matter, Patrick Changwe of Simon Mwansa Kapwepwe police post told the court that he made up his mind to arrest and charge Benos with murder because of the three conflicting statements that he got from the accused, the accused’s maid, Tamara Machere and the pathologist.
Changwe said when he read the pathologist’s report, it was clear that the deceased had died due to the stab wound that he sustained during the fight.
Further that Machere’s statement that she heard the accused threaten to kill the deceased and later saw the accused with a knife, formed part of the basis on which he charged the accused with murder.
He said that he collected all the evidence that was important to the matter and that everything was submitted to the court as part of evidence.
During cross-examination, the defence counsel asked which pieces of evidence made Changwe conclude that Malambo’s death was planned, Changwe disputed ever mentioning to the court that the deceased’s death was planned.
