Court finds Mohan, Patel brothers with case to answer in murder case
Court finds Mohan, Patel brothers with case to answer in murder case
By Maluba Jere
Thu 16 Sep. 2010, 04:01 CAT
SUPREME Court judge Gregory Phiri has found Inkteck managing director Mathew Mohan and two brothers with a case to answer in a matter where the trio is alleged to have murdered Cyclone Hardware director Sajid Itowala.
This is in a matter where Mohan, Shabia Patel and Idris Patel are indicted on a charge of murder contrary to Section 200 of the Penal Code CAP 87 of the Laws of Zambia.
Particulars of the offence allege that the trio on July 21, 2009 murdered Itowala. The trio pleaded not guilty to the charge.
Ruling on whether or not the trio had a case to answer, Judge Phiri sitting as Lusaka High Court judge said the prosecution had established a prima facie case against all three accused persons.
He said he had carefully considered the submissions by both parties as well as the evidence by all the 28 prosecution witnesses.
Judge Phiri noted that the prosecution had presented a mixture of evidence in form of direct, real and circumstantial.
He explained that the evidence on record had established that Itowala was murdered in cold blood in broad daylight after he was abducted from House number 1 Ngulube Road in Woodlands.
On the evidence by Lusaka lawyer Frank Tembo who testified that he had no hand in Itowala’s murder but that he and Mohan had a lawyer-client relationship, judge Phiri said that was far from the truth saying there was no doubt that his Tembo involvement was to erase all the evidence implicating his client.
“…Frank Tembo took charge of A1 Mohan from Pamodzi Hotel, he gave him a lift up to the point where he disposed off the murder weapon at the Great East Road. This is clearly far from the truth that his was a lawyer-client relationship,” judge Phiri said.
He also said Tembo was an accessory to Itowala’s murder adding that the prosecution evidence had established that all the conspirators were paid cash values in various amounts to stop them from revealing what they had seen.
Judge Phiri said that behaviour was typical of conspirators in financed murders.
However, judge Phiri said there was no evidence linking the Patel brothers to Itowala’s murder.
He further said it was highly unusual that criminal investigations department (CID) chief for Lusaka could be summoned by a private individual to pick up a person Tofik Danga already on the police wanted list.
“The conspirators had nothing to fear and they cared less. They committed the offence in broad day light and as far as they were concerned, they are rich and powerful and played a game of being connected to police officers and even had a lawyer,” judge Phiri said.
He said the conspiracy leading to Itowala’s death was deep and that justice would be well served if all those named in the conspiracy are given their day in court to explain.
Mohan’s lawyer Bonaventure Mutale told the court that his client would give evidence on oath and intended to call a number of witnesses.
Mumba Kapumpa who is representing the Patel brothers said his clients were not sure whether to give evidence on oath or remain silent and asked for an adjournment to decide on the way to proceed with the matter.
Judge Phiri has adjourned the matter to October 18 and 19, 2010 for defence.
Labels: COURTS, INKTEK, MOHAN MATTHEWS, MURDER
posted by MrK @ 6:18 PM
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