4 PF youths acquitted in Mukula case

THE State has entered a nolle prosequi in the case in which four suspected PF youths charged with aggravated robbery for allegedly intercepting 21 tracks loaded with Mukula logs

Venny Musonda, 29, Augustin Mukuka, 29, Robson Chipili, 30, all businessmen and Fanny Zimba, 34, a businesswoman were arrested and had been in custody since January this year.

Allegations are that on December 29, 2017 the accused jointly and whilst acting together with other persons unknown, did steal K17, 000, US$1, 300 and a phone altogether valued at K36, 000, the property of ZAFFICO.

And when they appeared for plea in the High Court on Monday this week, the accused pleaded not guilty to a charge of aggravated robbery.

When the case came up for start of trial, yesterday before Lady Justice Conceptor Zulu, Lusaka defence lawyer Kelvin Bwalya Fube, told the court that there was a problem with regard to the witnesses in the case.

In response, state advocate Chrispine Ng’oma said Mr Bwalya’s concern had been overtaken by the fact that the state had decided to enter a Nolle Prosequi in the case. “The issue that my learned colleague has raised is overtaken by the fact that the state has decided to discontinue with the proceedings by way of entering a Nolle Prosequi,” he said. Justice Zulu closed the case on account that the state had discontinued the matter.

Meanwhile, Mr Bwalya told the media in an interview that the nolle prosequi was not an acquittal as the state was at liberty to re-arrest the suspects when there was fresh evidence.

He said the defence was ready to defend its clients and that he would continue rendering probono services.

“We came to court prepared to defend our clients but the law is that you cannot challenge a nolle. Once the state enters a nolle prosequi there is nothing you can do. It’s not an acquittal but at least they get to go home,” he said.

“Unless the state comes up with fresh evidence then they can bring back the case but for now our clients are free to go home and that’s where it ends. I had promised probono services and will continue with that if the case comes up,” he said.