6 UPND CADRES ACQUITTED
THE State has lost another case against the UPND after six of the opposition party cadres were acquitted yesterday by the Lusaka Magistrates’ Court.
Magistrate Felix Kaoma acquitted the cadres of taking part in a riot and malicious damage to property in the unrest that happened at the Lusaka High Court premises on December 18, 2016.
The riot happened after Judge Mwila Chitabo adjourned the case in which UPND leader Hakainde Hichilema and his vice president Geoffrey Bwalya Mwamba have petitioned the court on grounds that the Constitutional Court denied them their right to be heard when it dismissed their Presidential election petition after the mandatory 14-day timeframe elapsed.
The acquitted cadres were Remmy Mukoba, Evans Malunga, Kings Lumando, Clement Berejana, Mauha Polika, and Claude Bwalya.
In a ruling, Mr. Kaoma said while it seemed that there was sufficient evidence, there was a problem on the identity of the accused persons because none of the five prosecution witnesses said Malunga, Lumando, and Berejana were at the High Court premises on the material day.
He said it was appalling that the three could be taken to court without any single witness connecting them to the offence.
Mr. Kaoma said in respect of Mukoba and Bwalya, the only evidence against them was from Inspector Alfred Mwale who directly implicated them together with Polika when he told the court that he was the one who apprehended Mukoba at the Supreme Court grounds.
He said there was a serious contradiction in Ins. Mwale’s evidence because in one breath he said the cadres were apprehended while running and in the other he said they were apprehended when he found them standing.
“In the light of the foregoing, the prosecution’s evidence has been so discredited that no reasonable tribunal could convict on it. In the circumstances, the prosecution has failed to prove its case. “As such, I have no choice but to acquit the accused under section 206 of the CPC (Criminal Procedure Code). Gentlemen you are free men and you can go.”