TAYALI PAYS K20, 000 FOR ASSAULTING POLICE OFFICER

ECONOMIC and Equity Party (EEP) president, Chilufya Tayali has been released after paying K20, 000 fine the court ordered him to pay for assaulting a police officer who was in full police uniform and on duty.

In passing judgement yesterday at the Lusaka Magistrate Court, magistrate, Idah Phiri convicted Tayali and fined him K20, 000 cash or in default to nine months imprisonment after he was convicted.

Tayali, 48, of house number 38, Ngwezi Road, Roma in Lusaka pleaded not guilty to one count of assault on a Police officer contrary to section 250(b) of the Penal Code Chapter 87 of the Laws of Zambia.

Facts of the matter were that Tayali’s wife Tsega Tayali brought food for her husband in custody and she was requested by the female police officer on duty to taste it as a procedure when someone brings food for suspects in custody.

Tayali got annoyed and stated that his wife cannot poison him, got the food and threw it on the floor and later on got a flask and hit the female officer on the face, hurting her.

Magistrate Phiri further in her judgement said it was not in dispute that the officer was dressed in police uniform and it was in dispute whether the accused hit the officer with the flask or whether the accused did it on purpose.

She said the state prosecution led by Mr. Michael Nyundwe proved the case beyond reasonable doubt that the accused suffered bodily harm.

The officer was performing her duties, the accused was careless. The state has established a prima facie case. I found the accused guilty and convict him accordingly,” magistrate Phiri ruled.

The state informed the court that he was a first offender.

In mitigation, Tayali through his lawyer begged for leniency that he was a bread winner and if incarcerated, the family would suffer.

But the court said the offence he committed was a serious one and has a maximum sentence of five years.

She said she needed to punish Tayali so that people outside could learn that the offence is serious and affected all the police officers.

“I have considered that the accused is a first offender, and I heard his mitigation, I will exercise maximum leniency. The accused should know that what he did is a serious offence and affects all police officers, to deter the would-be offenders the accused should pay a K20, 000 in default to nine months imprisonment, and the money to be paid today (yesterday),” magistrate Phiri ruled.