Peasant farmers acquitted of murder

THE Livingstone High Court has acquitted two peasant farmers of Choma who were charged with murder because of insufficient evidence to support conviction.

Shepard Shafuti and Felix Kalaluka walked to freedom after the court acquitted them.

It is alleged that August 20 last year, in Choma, the duo killed Simon Tembo, 45.

When the duo appeared before the Livingstone High Court Kenneth Mulife, they pleaded not guilty to the charge and the matter proceeded to trial.

In his judgement, Judge Kenneth Mulife said, there was no collaboration in the evidence and that it was purely circumstantial evidence which does account for a conviction.

Judge Mulife said that there was no evidence of hostility or riots in the township during the gassing period and that the state witnesses were suspect too, who were released from police custody after they paid guilty fines.

He said the evidence casts a doubt on whether the accused persons could have attacked the deceased.

“It further casts doubt on the accused if they were the assailants. It is possible that the deceased could have been attacked by other people. As one of the places that they went to search for him is a shebeen,” he said.

He said guilty, was not the only effervesce which could be drawn as he could have not been murdered by the accused.

“The circumstantial evidence has failed to prove this case beyond reasonable doubt in view of other possibilities. A conviction cannot be safe in this case,” he said.

Judge Mulife rejected the assertion of the accused not being part of the search party as there was no evidence.