Transfer Milupi maize theft case to Nkeyema - lawyers

DEFENCE lawyers in the case in which Alliance for Development and Democracy (ADD) president Charles Milupi's maize was allegedly stolen by Hendricks Nyambe, have applied to have the matter transferred to Nkeyema district.

The accused’s lawyers want the case moved to Nkeyema on grounds that, that’s where the crime was allegedly committed and to ensure a fair trial for the accused.

And Nyambe's arresting officer has asked the Lusaka Magistrate court to revoke the accused’s police bond on account that his life was in danger after the accused threatened to kill him.

Meanwhile magistrate Nsunge Chanda has instead granted Nyambe a K30, 000 cash bail with three working sureties of any persons, who have to pay K50, 000 each in their own recognizance.

In this matter, it is alleged that Nyambe, a director, on March 7, 2018 in Nkeyema district did steal 312,040 kilograms of white maize valued at K656, 040. However, when the matter came up on Wednesday, Nyambe, 41, pleaded not guilty to the charge of theft.

Nyambe's lawyers made an application that the matter be transferred to Nkeyema district on grounds that there would be no fair trial in Lusaka.

“Before this plea is taken, I have an application to make. I have taken a look at the indictment which is showing that the accused committed the offence in Nkeyema district.

“Having noted what the CPC says, the area of trial should be Nkeyema and if it has no court it should be tried in Kaoma on grounds that there will be no fair trial in Lusaka," they said.

Nyambe’s lawyers added that the High court had the powers to transfer the matter to the area of jurisdiction where the accused would have an impartial trial.

Meanwhile a witness identified as Dennis Mano, a detective inspector at Kabwata police station, also an arresting officer, made an application to revoke Nyambe's police bond on account that his life was in danger.

"I received a complaint in Lusaka and arrested the accused person from Lusaka. All the witnesses are in Lusaka and all the stolen items where stored in Lusaka. On behalf of Zambia police, I'm making an application to revoke the police bond issued to the accused person.