Maravi

William Banda's charge changes to assault, unlawful wounding

William Banda's charge changes to assault, unlawful wounding
By Maluba Jere
Sat 12 Nov. 2011, 08:30 CAT

CHIEF resident magistrate Joshua Banda has substituted William Banda's charge of proposing violence to four counts of assault occasioning actual bodily harm and unlawful wounding. When the matter came up yesterday, Division Prosecution Officer Christopher Kanema told the court that the matter was coming up for mention and possible application.

Kanema then applied to have Banda's indictment substituted and that he should take plea with other accused persons he is now charged with. Magistarte Banda then re-allocated the case to another court.

William and four MMD cadres appeared before magistrate Rodgers Kaoma where they pleaded not guilty to four counts of assault and unlawful wounding.

In count one, William, Patrick Chungu, Somili Mushiku, Simon Banda and Sebastian Mainde are charged with assault occasioning actual bodily harm contrary to Section 248 of the Laws of Zambia.

It is alleged that William, Chungu, Mushiku, Banda and Mainde on September 3, 2011, in Chongwe, jointly and whilst acting together assaulted Priscilla Ndhlovu thereby occasioning her actual bodily harm.

In count two, the five are alleged to have on September 3 this year, in Chongwe, assaulted Andrew Lombe thereby occasioning him actual bodily harm.

In count three, William and his four co-accused are alleged to have jointly and whilst acting together assaulted Precious Malama thereby occasioning him actual bodily harm.

In count four, William, Chungu, Mushiku, Banda and Mainde are charged with unlawful wounding.

In this count, it is alleged that the five on September 3 this year in Chongwe jointly and whilst acting together with others unknown unlawfully wounded Lackson Kabimbi.

All the accused persons told magistrate Kaoma that they understood the charge but pleaded not guilty.

One of the defence lawyers Hobday Kabwe applied for bail pending trial, saying all the charges against his clients were bailable.

Another defence lawyer Sunday NKonde informed the court that apart from William, his four clients in the matter were unlawfully detained by the police from as far back as October 11 this year.

But the state, conceding that the four accused were in detention for that long, said it was not deliberate but that the accused could not be taken to court earlier because their co-accused William was not being availed at the police station by his lawyers.

Ruling on the matter, magistrate Kaoma said as rightly observed by Nkonde, issues of detention were not for the lower court and as such he could not delve into them.

However, magistrate Kaoma granted the four accused K15 million bail each in their own recognisance with two working sureties in the like sum as well and ordered the accused to produce proof of residence.

The matter comes up for mention on November 29 while trial is expected to commence on December 7.

Labels: COURTS, MMD, POLITICAL VIOLENCE, WILLIAM BANDA

posted by MrK @ 6:06 PM