Maravi

Stop detaining suspects’ wives, judge Kakusa urges police

Stop detaining suspects’ wives, judge Kakusa urges police
Written by Inonge Noyoo
Wednesday, November 05, 2008 5:31:02 PM

LUSAKA High Court judge Tamula Kakusa has called for an end to what he termed a worrying practice by the police to detain wives of suspects in order to compel their husbands to surrender themselves.

Judge Kakusa made the observation when he acquitted a 38-year-old Mongu resident who was charged with two counts of murder, one count of aggravated robbery and two counts of attempted murder.

Judge Kakusa noted that the police was in the habit of detaining wives when pursuing their suspect husbands.

"This practice by police of detaining wives of suspects is not a rare occurrence, it is a worrying practice. In this court alone, it is not the first time we have a case where a wife was detained to compel the suspect husband to surrender themselves to police. I can only lament that someone needs to do something about it," Judge Kalusa said.

And Charles Kavindele yesterday walked to freedom after being detained for three years on charges of murder, attempted murder and aggravated robbery.

Kavindele was alleged to have been in the company of bandits who attacked a Namibia-bound bus in Kari Forest, Senanga district and killed two people and wounded four.

Police recovered a firearm on the robbery scene, three rounds of ammunition and a revolver.

Kavindele was identified by one of the robbery survivors on a police-conducted identification parade 12 months later and nothing was discovered from him to link him to the murder.

Delivering judgment, judge Kakusa noted that the only evidence for the court to evaluate was that of a survivor who identified Kavindele as the gunman who had shot at his friends on the fateful day.

Judge Kakusa observed that the witness was seeing Kavindele for the first time in what was an unfortunate extreme situation.

He said the horrifying and brief moments in which the witness was able to identify Kavindele were very unreliable.

Judge Kakusa said in criminal cases, proof is required beyond all reasonable doubt and evidence on record did not prompt the required standard.

"I have my doubts, very strong doubts and I acquit the accused of all five counts," said judge Kakusa.

Labels: COURTS, TAMULA KAKUSA

posted by MrK @ 5:32 PM