Maravi

More Barotse activists put on their defence

More Barotse activists put on their defence
By Mwala Kalaluka in Mumbwa
Sun 08 May 2011, 04:02 CAT

A Lusaka Magis-trate has placed seven suspected Barotse activists charged with rioting in Mongu on their defence. And the Director of Public Prosecutions has entered a nolle prosequi in respect of eight suspected Barotse activists detained in Mumbwa Prison on Barotseland Agreement-related riot charges.

Magistrate Lameck Ng’ambi, sitting in Mumbwa, said on Friday that he was satisfied that the prosecution had established a prima facie case against Likando Namate and six others.

In his pre-ruling submission, lawyer Phiri argued that from the testimony adduced by the five prosecution witnesses, it was clear that the accused persons had no case to answer.

“Consequently, the court has a duty to discharge the accused persons accordingly,” Phiri said.

“I say so because according to the indictment. the accused persons are charged with rioting at Winela and yet all the prosecution witnesses have stated that the accused persons were rioting at Boma area. PW4 prosecution witness four was categorical when he stated that Winela is very far from Boma area.”

Phiri said another witness, police officer Alex Mambilima’s evidence was inebriated and as such the court could not place weight on the testimony of a drunken officer who was discredited during cross examination.

“The testimony of PW4 which ought to collaborate PW3 prosecution witness three can’t be relied on for the simple reason that PW4 and PW3 are police officers that work together and have to be regarded as suspect witnesses and in suspect witnesses the law is that they can’t collaborate each other's testimony,” Phiri submitted.

The state in their submission, through acting chief state advocate, Fulata Siyunyi, said the prosecution had established a prima facie case against all the accused persons.

Siyunyi said on the question of the indictment indicating that the suspects were apprehended from Winela and not Boma area as adduced by the prosecution witnesses, that could be cured at some stage.

Siyunyi said the court had the power to amend the indictment as long as such an act was not going to embarass or have a prejudicial effect on the accused persons.

She cited section 213 of the Criminal Procedure Code, as the authority to buttress her submission.

Siyunyi said there was also no proof to show that Mambilima was drunk when he was testifying before the court and that his evidence was not discredited.

In his ruling, magistrate Ng'ambi amended the indictment in view of the state’s submission and ordered all the accused to take fresh pleas, with the area where the alleged offence took place replaced with the word Mongu District and not Winela as was earlier indicated.

All the accused persons pleaded not guilty to the charge and magistrate Ng’ambi then proceeded to rule that he had found them with a case to answer because he was satisfied with the prosecution evidence.

The matter was adjourned to May 23 for commencement of defence.

And defence lawyer, Gilbert Phiri told The Post in an interview on Friday shortly after the order to release the accused persons from detention in Mumbwa Prison was signed that no reason was given for the discharge.

Phiri said the DPP discharged Eugene Kapatisho, Chazele Mulasikwanda, Mutakela Mutakela, Upite Kazhiko, Muyangana Muyangana, Masheto Sihanda, Walubita Kwibisa and Pumulo Maimbolwa.

“The eight have since physically left Mumbwa Prison,” Phiri said.

Most of these were among the 23 Lozi treason accused who were discharged through a nolle prosequi in the Lusaka magistrate’s court on February 25, 2011, only to be re-arrested and taken to Mumbwa Prison on a fresh charge of riot.

However, earlier, Eugene Kapatisho’s worried mother, Likando Kalaluka, 50, of Mongu's Ilute compound, complained over her first born son’s health condition in Mumbwa Prison.

“He was admitted in Mumbwa District Hospital and he was discharged on Thursday,” Kalaluka said in an interview before Kapatisho was discharged via a nolle prosequi. “He has a problem on his left leg and it has extended to the waist. He can’t walk properly, he is limping and if he sits for a long time he can fall unless you hold him.”

According to the medical record viewed at Mumbwa District Hospital, Kapatisho, 28, is suffering from post traumatic anthritis.

“I have a complaint because if my son should get disabled as a result of being in prison, the government should know what to do,” Kalaluka said in Silozi. “If he gets disabled then the government will have to give me a whole person who is not disabled.”

Kalaluka said travelling to and from Mongu to Mumbwa to attend to her son’s court cases and subsequent illness had strained her financially and that this was why the family had requested that Kapatisho be released on bail.

“Even now we don’t have money to get back and we also don’t have the money to buy food,” said Kalaluka. “We spend our nights at the Mothers’ Shelter.”

Labels: BAROTSE FREEDOM MOVEMENT, COURTS

posted by MrK @ 3:03 PM