Wed, 13 Dec 2017 12:05:32 +0000
By Charles Musonda
NO prima facie case has been established against our client and therefore he should be set free, lawyers representing Lusaka businessman Sikasula Mwanakatwe have asked the Lusaka Magistrates’ Court.
This is in a case where Mwanakatwe, 45, has been charged for one count of idle and disorderly persons contrary to section 178 of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that on June 28, 2017 in Lusaka, Mwanakatwe jointly and whilst acting together with others unknown publicly conducted themselves in a manner likely to cause the breach of peace. Mwanakatwe was slapped with the charge after he was accused of writing the ‘Free HH’ graffiti on toilet doors and walls at Government complex.
Making oral submissions after the State closed its case yesterday, one of the lawyers Maimbo Haimbe said in view of evidence from four prosecution witnesses, all of whom said it was possible that someone else, other than the accused person, wrote the graffiti, Mwanakatwe should be set free.
“It is trite principle of the law that where there is an inference, it must be resolved in the accused’s favour. No prima facie case has been established and there is no basis on which the accused should be put on his defence. May he be set at liberty,” Mr. Haimbe said.
Earlier in cross examination, scenes of crime police officer Teddy Bumelo said he was not aware of the time the incident occurred.
Mr. Bumelo testified that on June 28, 2017, he was assigned to visit the crime scene at Government complex where he later took pictures of the toilet doors and walls on which Mwanakatwe allegedly wrote the ‘Free HH’ graffiti.
He said he would not know the state of the crime scene between 11:00 hours, the time Mwanakatwe was alleged to have committed the crime, and 16:00 hours when Mr. Bumelo was assigned to visit the scene.
“I wouldn’t say if the pictures I took were connected to the accused. There is nothing connecting the accused to the photos and I didn’t see anyone write those things. I was not given any handwriting sample to do a forensic analysis to prove that it was the accused who wrote those words,” Mr. Bumelo said.
Asked by another defence lawyer Keith Mweemba if the photo album he produced as his evidence was useless to the charge against Mwanakatwe, Mr. Bumelo said only the investigations officer would know.
