You are currently viewing Prima facie case established for seven(7) accused 

Prima facie case established for seven(7) accused 

The High Court in Chipata has found seven family members with a case to answer.

This was  after the conclusion of a case in which they are charged with one count of murder.

High Court Judge, Lastone Mwanabo, however, acquitted the other one who was jointly charged with the seven, for lack of evidence against her.

Before Justice Mwanabo were Timothy Majigizi Tembo, Boyd Daka, Acklas Mumba, Severiano Lungu, Nelia Zulu, Aledi Daka and Patricia Daka.

In this matter, the defense pleaded with the court to acquit Catherine Daka because of all the witnesses who testified against the accused, no one mentioned her anywhere in their testimonies.

The State further noted that it followed the evidence given by the witnesses and established that no witness pointed at the accused person as being among  those who participated in the alleged murder case.

Justice Mwanabo said at the close of the prosecution, the state called four witnesses and did not testify against Catherine Daka but the rest, had been testified against.

The State failed to establish a prima facie case against Catherine Daka and thereby, the court acquitted her.

Justice Mwanabo put the seven accused persons on their defense and adjourned the matter to 13 November 2024 for each accused person to defend him or herself.

Earlier, Detective Chief Inspector, Lazarus Sakanya, told the court that on 27 August 2022, received information from the public that at Nyofi village in Chief Ndake’s area in Nyimba District, there was an unknown man who was beaten to death.

Inspector Sakanya narrated that when he reached the scene of crime, he found the man in an unconscious state and decided to take him to Nyimba District Hospital for medication.

He noted that people in the area informed him that family members beat up the man after he was suspected of practicing witchcraft.

Inspector Sakanya said the man was accused of having bewitched his Sister, Abesi Lungu, who was buried on the same day at the same village.

He told the court that the man died on 9 September 2022 around 16 hours.

Facts are that on 26 August 2022, the seven, jointly and whilst acting together, murdered 50 years old Golide Banda, contrary to Section 200 Cap 87 of the laws of Zambia.